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Name: STEPHEN JAMES BONEY

Age: 55 yrs old (2011)

State: NSW - Wee Waa

Sentence: Sentenced in the Moree District Court on the 20-10-2000 to 12 yrs jail - 8 yrs non parole.

Offence/Other: Repeat Offender..Boney bashed and raped a 91 yr old woman in her home, in the NSW town of Wee Waa,on New Year's Eve, 1998.

News-DNA Nets a Towns Worst Fears)-SIXTEEN months after the crime that stunned the nation, Wee Waa resident Stephen James Boney appeared in court yesterday charged with bashing and raping a 91yr old woman.
Just 24 hours earlier - following the first mass DNA screening in the country - the farm laborer, 44, surrendered to police over the attack- Read more below.
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DNA Nets a Towns Worst Fears

Sixteen months after the crime that stunned the nation, Wee Waa resident Stephen James Boney appeared in court yesterday charged with bashing and raping a 91yr old woman.
Just 24 hours earlier - following the first mass DNA screening in the country - the farm laborer, 44, surrendered to police over the attack on Rita Knight.
Yesterday, while Wee Waa locals had their worst fear realised - that one of their own had been charged, 140km away at Moree, the court house benches were largely bare of public onlookers.
Dressed in faded pinstripe pants, his hair grey at the temples and balding on top, Boney entered the court with an orange striped towel draped over his head.
Five minutes later Kamileroi Aboriginal legal aid solicitor Terrence Duff told Magistrate Mal McPherson his client would not be pleading yet to the three charges of aggravated sexual assault, inflicting actual bodily harm, aggravated break and entry and break and enter to commit a felony.
Police bail had been denied on Monday night because of the violent nature of the offence and for community interest. Mr Duff said no further application would be made yesterday. Police Prosecutor Brian Willett said the preparation of the brief would take four weeks.
He told the court DNA samples had been taken from Boney after his arrest.
"Further samples were taken from the defendant last night," he said.
Mr McPherson formally refused bail and adjourned the matter until May 15 for the next phase in the case.
In Wee Waa, Aboriginal Land Council chairman Doug Orcher said the whole community was in shock over Boney's arrest."We want the community to remain as before and not discriminate against the local Aboriginal people," he said.
Mr Orcher said Boney, who played with local football team The Panthers, was a married man with children.
Boney lives within a kilometre of where Miss Knight had lived alone in her childhood home, in which she was attacked on New Year's Day, 1999.
Miss Knight, now 93, moved into the local Weeronga Aged Care hostel after the incident.
It is believed Boney was out of town for the first phase of the DNA screening and police yesterday would not confirm whether he had been a testing volunteer.
While the mass screening of more than 450 men in the 2000 population town was attacked on civil liberties grounds and attracted strong opposition from some locals, police operations commander Paul Mayger said samples would be destroyed after being eliminated from the investigation.


AAP
Will Temple

Hunt was up against civil rights arguments

Early on New Year's Day 1999, Rita Knight, 91, was raped and bashed in her home at Wee Waa, in north-western NSW. The crime made headlines across the country - the assailant had cut power to the property before entering, and had almost suffocated Knight with a pillow - but after 14 months and a public appeal for information, the investigation had stalled.
So in April 2000 the police announced their intention to conduct Australia's first mass DNA screening. All males between the ages of 18 and 45 in the Wee Waa area were asked to submit to a mouth swab in what Detective Inspector John Meagher stressed was ''a purely voluntary process''.
But civil rights groups saw it differently. The then president of the Australian Council for Civil Liberties, Terry O'Gorman, said the highly publicised screening would reduce the chances of a suspect receiving a fair trial. The World Socialist Web Site said such operations reversed the onus of proof and were an attempt to introduce police-state conditions. The Justice Action organisation letter-dropped Wee Waa residents, imploring them not to take part. ''It was a totally hysterical response,'' says Robin Napper.
In the end, 470 out of the town's 500 males provided samples. One of them was a 44-year-old farm labourer, Stephen James Boney. Ten days after providing his swab, Boney walked into Wee Waa police station and confessed, saying the inevitability of his eventual capture had got to him.
''The testing was a success,'' Napper says. ''But the response by civil rights groups made sure it would never happen again.''


www.smh.com.au (5-6-2010)
Tim Elliott http://www.smh.com.au/nsw/hunt-was-up-against-civil-rights-arguments-20100604-xkm2.html

Jail Term Reduced For Rapist Who Volunteered Dna

A previously convicted rapist was given a discounted jail sentence yesterday for his rape of a 90-year-old woman because he volunteered his DNA to police and later confessed to the crime.
Farm labourer and father of six Stephen James Boney, 45, will serve a minimum eight years for the rape of Ms Rita Knight in her home in Wee Waa on New Year's Eve, 1998. Ms Knight went public about the attack while police hunting her attacker launched Australia's first mass DNA screening, during which 430 men from Wee Waa volunteered saliva samples.
But in Moree District Court yesterday, Judge Robert Bellear said ``the Crown had virtually no case at all" and police would never have caught Boney if not for his voluntary act, and his subsequent surrender and detailed confession. The judge said this warranted a 25 per cent reduction in Boney's sentence from a maximum of 16 years to 12, with a minimum eight years.
Judge Bellear said he hoped the term would act as a powerful deterrent to Boney and others from committing ``depraved and despicable acts" to ``such vulnerable women".
In sentencing, he also took into account Boney's upbringing. He was the sixth of 16 children in one of the last Aboriginal families to move from a mission into Brewarrina after living in a tin humpy with dirt floors and no running water or electricity.
He said Boney had told a psychiatrist that he had been sexually assaulted by a man and a woman as a child and this had caused him to become withdrawn and feel anger towards women.
Judge Bellear accepted that Boney had shown genuine contrition, and in the days before he confessed he had gone to Brewarrina to be baptised at the Christian Fellowship Centre.
In a statement read to the court, Ms Knight, now 91, said: ``I really thought that I was going to die. It will always be with me, that man putting a pillow over my head ... pulling my pants down, that was when I passed out."
Boney had stood on Ms Knight's veranda for 30 minutes, watching her as she watched television, before cutting the electricity supply and breaking in. Boney told police he originally intended a robbery.
In the attack, Ms Knight suffered bruising to her face and bruising and lacerations to her hands and legs. She said in her victim impact statement that she now lived in such fear she had to sell the home she was born in.
``The fear was so great that to this day I have to sleep with the door locked and jump if anyone touches me. I also have residual numbness to the right side of my face.
``My independence has been taken away from me as I am no longer able to live on my own again."
Boney served three years of a six-year sentence for the rape of a 22-year-old woman in Brewarrina on February 8, 1984. Judge Bellear said the earlier rape bore striking similarities to the attack on Ms Knight, whom Boney had known through twice having mowed her lawn.
Judge Bellear ordered that Boney receive psychiatric treatment while serving his prison term and that it continue upon his release.


Sydney Morning Herald (21-10-2000)
Les Kennedy
http://www.farmlabourer.com.au/farm-labourer-articles/2000/10/21/jail-term-reduced-for-rapist-who-volunteered-dna/

Jail For Rapist Caught By DNA

Stephen James Boney - a 44-year-old laborer, husband, and father of four - was working on his car when he was approached by a young constable in the north- western NSW town of Wee Waa in April.
Explaining that police were carrying out voluntary DNA testing on all young men of Wee Waa to try and track down the rapist of a 91yr old woman, the constable asked Boney if he would submit his DNA sample.
Boney immediately said "no". But a few moments later, in a reversal even he has found hard to explain, Boney changed his mind and followed the police-' man's instructions on how to scrape the inside of his mouth and submit his DNA sample. Thanking him, the policeman walked off down the road to the next volunteer. There was nothing unusual about the process. 430 other men had already consented to giving their sample that week.
But the difference was that Boney knew that his sample was the one police had been looking for - the one they had been hoping to track down after more than two years of investigation into the aggravated rape that had left the frail victim in hospital.
Yesterday, Boney stood in the dock at Moree District Court as he listened to Judge Robert Bellear sentence him to 12 years in prison, with a minimum 8yr period.
Justice Bellear described the crime as a "depraved and despicable act". Justice Bellear, Australia's only Aboriginal judge, said he took into consideration Boney's poverty-stricken childhood, his abuse at the hands of family friends, and the taking away of his brother and sister by welfare authorities.
He also reduced the sentence because of Boney's guilty plea - a plea which meant the victim did not have to give evidence in court.
Shortly after being approached by police, Boney had told his defacto wife and daughter of his crime and then gone to police to make a confession.
Boney was also sentenced to four years for breaking and entering with intent to steal, with the sentence to be served concurrently.
A victim impact statement revealed, the woman had since sold the house in which the rape had occurred - her home since birth. She had lost consciousness shortly after the assault began and had thought she was going to die when a pillow was pushed over her head.
Outside the court, Detective Senior Sergeant Greig Stier said the sentencing of Boney was a a vindication of police tactics in using the DNA testing. "The mass DNA testing was a good investigative tool in this case...... it was a tool that flushed Mr Boney out," he said.


Adelaide Advertiser (21-10-2000).
Noula Tsavdaridis

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