Convicted paedophile Neil Duncan’s sentencing adjourned for second time whereas he recovers from most cancers surgical procedure

A pedophile convicted of sexually abusing younger women in South East NSW has had his sentence suspended for the second time this yr whereas recovering from prostate most cancers surgical procedure.

On June 2, Neil Duncan was convicted in Queanbeyan District Court docket on eight counts of sexually groping three women beneath the age of 16 within the Bega Valley and Kosciuszko Nationwide Park in 2019.

The 67-year-old’s sentencing was delayed in August so he might have prostate most cancers surgical procedure and bowel most cancers exams in September.

The previous Bega Valley resident didn’t communicate when he appeared on Monday through audiovisual hyperlink at District Court docket in Sydney from his residence in Tamworth, the place he’s recovering from surgical procedure.

The courtroom heard that he was suggested by his physician to not journey for well being causes.

As a result of incapacity to seem in particular person, the case was adjourned till November.

Duncan will stay on bail till then.

Controversy over bail determination

Queanbeyan District Court docket Decide Robyn Tupman’s determination to launch Duncan on pre-sentence bail drew the eye of NSW Legal professional Normal Mark Speakman in June, who requested the Director of Public Prosecutions to evaluate determine once more.

Duncan was arrested at a Narrabri Pony Membership occasion per week after his conviction however was re-released after failing to show he had breached his bail circumstances.

Duncan was additionally talked about in a speech to the NSW parliament forward of NSW’s determination to amend the bail Act, with adjustments to the Act then coming into drive on June 27.

These adjustments imply {that a} decide is now required to refuse bail after conviction and previous to sentencing for an offense for which the defendant could be sentenced to full-time jail except in any other case potential. show distinctive or distinctive circumstances.

Nevertheless, the Supreme Court docket rejected prosecutors’ utility for remand in July after Duncan’s legal professional instructed the courtroom he had beforehand been recognized with most cancers and required surgical procedure. beneath “particular circumstances”.

Decide Tupman then adjourned the sentencing in August so Duncan might endure surgical procedure in September.

Sentencing date will depend on courtroom schedule

In courtroom on Monday, each the prosecution and the protection made their remaining submissions.

Duncan’s attorneys argued that media protection of the case must be taken under consideration when Decide Tupman reviewed her ruling and argued that the protection had “troubled his household”.

The decide instructed the courtroom that a number of earlier reviews incorrectly asserted that Duncan had breached bail at Narrabri and that these reviews had not been corrected since that point.

The 67-year-old must seem in particular person, both in Sydney or in Tamworth, however Decide Tupman famous that the date could possibly be modified relying on different courtroom commitments.