Basher in custody – man who attacked Glen Innes police has bail revoked

BACK IN COURT: Samuel Boney outside the Armidale Court House in January. 280116GGA09
Nanjing Night Net

THE ringleader awaiting sentencing for violently bashing police in Glen Innes has had his bail revoked after he was charged with fresh offences.

Samuel Tobias Boney was taken into custody yesterday afternoon in Armidale District Court after the Director of Public Prosecutions (DPP) brought on a detention application, arguing he wasa risk to the community.

Boney is awaiting sentence for four counts of assaulting police and affray, after he, and three others, attacked two senior constables in a Glen Innes street in March, 2014.

The Leader revealed in January that Boney had escaped jail, walking free from court with an intensive corrections order assessment, that still must be considered in a Sydney court later this month.

The treatment by the four sparked an outcry from the local community and police, with the police association calling for tougher penalties for cop bashers.

Boney was captured by The Leader high-fiving his co-offenders outside of court after Judge Jennifer English said he was “remorseful” and “could make something of his life if he took the opportunity”.

The sentence outcry even triggered areview by the DPP, after a formal request by the attorney-general.

Yesterday, Judge Deborah Payne told the court there was little she could do and had to refuse the 26-year-old bail, after he was charged with five similar offences.

“How could I be satisfied he is not an unacceptable risk of committing further serious offences?” she said.

Boney was charged with assault occasioning actual bodily harm, assault, intimidation, and assaulting and resisting police, after an incident in Glen Innes on Good Friday.

“The [alleged] commission of further offences whilst on bail is a demonstration, in the crown’s submission, that the offender represents an unacceptable risk of the commission of further serious offences,” DPP solicitor Sue Hynes said, arguing for Boney to be detained.

“And that risk cannot beameliorated.”

Solicitor Chris Leahy said his client would be pleading not guilty to the fresh charges, and argued the assault police allegation was not contained in the facts, but “clearly alcohol played a major part”.

“They were on the grog,” he said.

“The physical brawl was with a cousin.

“This was an indiscretion and I ask Your Honour to treat it as anaberration.”

Mr Leahy argued for Boney to remain on bail under a curfew and abstain from drinking alcohol.

“When he was charged by police he was granted bail,” he said.

“It’s the same police. They would have been acutely aware.

“As I understand it, this is an application by the DPP, not by the local police.”

The fresh charges return to court in Glen Innes later this month, but Boney will be in custody, after Judge Payne revoked bail on the district court matters.

“He was clearly given an opportunity and he has [allegedly] reoffended,” Judge Payne said.

“No conditions will prevent that.”

The court heard Boney, who spent six months in custody on remand for the attack two years ago, was granted bail by Judge Payne in Armidale in October 2014.

“But we haven’t got that law now, we’ve got the new one,” she said, pointing to the old bail legislation, acknowledging strict conditions were set at the time, which wasn’t opposed by the crown.

“That [Bail Act] was considered by the legislature to be insufficient to protect the community.”

According to the facts of that case, Boney kicked the male officer in the head and attempted to remove his gun, yelling “I’ll shoot you, c***, I’ll shoot you dogs.”

Boney was labelled “the instigator” in court, which heard, after the sustained attack, the two injured police officers retreated and called for backup.

Judge English will sentence Boney in a Sydney court this month.

This story Administrator ready to work first appeared on Nanjing Night Net.

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