A distressed young backpacker who'd been sexually and indecently assaulted by an elderly farmer fled his NSW outback station on a quad bike after removing his car keys.
Leslie White, who's in his 80s, must serve out his jail term for his attack on the 18-year-old European woman after the Court of Criminal Appeal on Friday dismissed his appeal against conviction.
Outlining the facts of the case, the court said the pair were the only people living at the Lanihuli property northwest of Bourke when the offences occurred in 2013.
They'd had lunch together at the homestead when White told the teenager he loved her and asked for a hug.
While hugging, he touched her indecently and then sexually assaulted her.
She fled to another room and after quietly and unsuccessfully trying to phone two of White's family, the woman removed White's vehicle keys from the ignition and rode a quad bike to nearby Barringun.
There she made a statement to police, "sobbing between words as her statement was being taken".
White was sentenced in December 2016 to three years' jail after earlier being convicted on one charge of sexual intercourse without consent and three of indecent assault. His 18-month non-parole period expires next June.
He claimed there had been a miscarriage of justice at his trial, partly because of the "incompetence" of counsel, including failing to call him to give evidence.
His appeal hearing also heard evidence that White had been impotent for many years and the woman's reference to his "erect penis was impossible". He claimed his barrister was incompetent in not calling this evidence at trial.
But the appeal court said there was nothing to corroborate that he was impotent before the offences took place.
It also found his counsel's decision not to call him to give evidence was rational, given his poor memory, and there was no miscarriage of justice on any of the issues he raised.