There has been a major development in the case of former NRL star Jarryd Hayne, with a ruling handed down on Monday.
Former NRL superstar Jarryd Hayne has had his sexual assault conviction overturned and is set to face a third trial.
The Court of Criminal Appeal on Monday quashed his conviction and ordered that he face a retrial before the NSW District Court.
Mr Hayne, 33, has been in jail for more than nine months having been sentenced to at least three years and eight months in prison for the alleged sexual assault of a woman in her Newcastle home on NRL grand final night in 2018.
A District Court jury in March last year found the former Dally M winner guilty of two counts of sexual assault, accepting the woman’s version of events that he performed digital and oral sex on her without her consent.
He was subsequently sentenced by Judge Helen Syme to five years and nine months jail, with a non-parole period of three years and eight months.
He launched an appeal against his conviction, claiming the NSW District Court jury was given flawed directions and there were inconsistencies in the evidence.
His barrister Tim Game argued that the jury was given directions that were “flawed in almost every possible way” before they were sent to deliberate.
According to Hayne’s barrister, Judge Syme used words like “might” and “may” when she should have used “beyond a reasonable doubt”.
Mr Game also argued before the Court of Appeal that the woman’s words in a text sent to a friend did not accord with her evidence that she repeatedly said “no” and “stop”.
The Court of Appeal of Monday quashed his convictions and ordered him to face a fresh trial, with the matter listed to be mention in the District Court on Thursday.
More to come.
Replies
It will be interesting to see if it goes to a third trial. One hung jury and one overturned on appeal. How many chances does the State get to make its case? (I'm not at all championing Hayne's case).
I cant see the DPP going through a third trial. Hayne has served 9 months, not sure if the alleged victim would want to go through another trial. Not many trials have ever seen a third time, its rare.
I would say that given the current climate, there would be a lot of pressure for the DPP to go again.
In view of the determinations of three Supreme Court judges - finding errors - what does that say about Judge Helen Syme in view of the inconsistencies & holes in the State's evidence?
Fathead , when you say "current climate" would you like to expand on that? You would have insights into the behind-the-doors action in legal chambers, we aren't privy to. It's probably not Boston Legal.
How many more rolls of the dice do the State get? They've failed on 2 out of 3 so far.
It was just a social commentary. If it was a fraud or stealing etc it wouldn't have had a retrial.
There will be no payout and there is no basis for it. False imprisonment??????
Sorry but like Cardinal George Pell , Hayne has no basis to claim compensation simply because the jury got it wrong .
it was the judge not the jury that got it wrong.
no ... just no.
I assume there's some legislation protecting Judges from errors made & determinations even if they led to incarcaration & other nasty consequences (e.g. prison rape, loss of income, loss of future income, stained reputation, etc), no?
Maybe there are commerical grounds for a civil matter seeking compensation ? Don't know. Guessing.
I don't even know how many more rolls of the dice do the State get (failed in 2 out of 3)? One more, winner takes all? Intriguing.
The lawyers here or Fathead would know the answers to those kind of questions. Wish I'd studied Law. Would never get bored, lol.
-
1
-
2
-
3
-
4
-
5
of 23 Next