Farmer jailed for sexually touching girls

November 04, 2022 04:37 PM AEDT | By AAPNEWS
Image source: AAPNEWS

A farmer who sexually abused three girls has been jailed by a judge who's called out sensational, inflammatory and inaccurate media reporting.

Neil Duncan, 67, was found guilty in Queanbeyan District Court in June of eight counts of intentionally sexually touching a child between the ages of 10 and 16.

The former Bega Valley resident was acquitted of four charges, while the jury could not reach verdicts on two other counts.

In the District Court in Sydney on Friday, Judge Robyn Tupman jailed him for five years with a non-parole period of two years and six months.

She referred to an affidavit from Duncan's wife, who on the night of the verdicts received an SMS containing a video recording.

A group of people, including a female serving police officer from the Child Abuse and Sex Crime Squad, was drinking and laughing in a hotel, when one woman expressed the hope he might be anally raped in custody.

The officer appeared to be engaging in and endorsing the comments, comments which the judge said should play no part in a civilised society.

Finding the offences were opportunistic and not planned, the judge said Duncan was 64 at the time and touched the girls on four separate occasions.

The offending involved lifting the bras of two girls and touching their breasts, touching the genital area over the top of jeans, "swiping" the chest on top of one girl's shirt and giving her a "squeezy hug".

"I accept each of the victims has been adversely affected by these offences," the judge said.

She concluded the objective seriousness of the offending ranged from the low end, to a little below the mid-range and at about mid-range.

At the time of his arrest in November 2020, before he moved to the Tamworth area, he was a man of good character with no criminal convictions.

His Bega property was searched and he was charged with unrelated firearm offences.

The judge said testimonials described him as a considerate and reliable person who made many contributions to the local community.

He recently had surgery for prostate cancer and had other serious medical issues that would have to be monitored in jail.

"I accept he has good prospects of rehabilitation and there is a low likelihood of him reoffending in a similar way or at all."

She took into account the public opprobrium he and his family had been subject to flowing from the barrage of media reporting.

Describing some as sensationalist, disproportionate and inflammatory, she said an "exclusive" front-page report wrongly reported he had breached his bail.

She stressed that his offending was not connected with any pony clubs as had been reported.

One broadcaster noted he had been treated for prostate cancer and may have bowel cancer, adding "I hope he is riddled with it".

His wife had listed the considerable adverse effect on her and the family, involving bullying and online harassment including a message saying "we know where you live".

Referring to the SMS sent to her, the judge said it was concerning that a serving police officer appeared to be endorsing a comment about anal rape.

There would be a justifiable outcry if a comment was made about hoping a female offender was raped, she said.


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