Solved Jarryd Hayne - Found Guilty (Again) for 2018 Se#ual Assault..

[Kurve]

With time already served, he'll be eligible for parole in a bit over two years.

'Say no more': Jarryd Hayne sentenced to four years, nine months' jail for sexual assault

The former NRL player remarked "say no more" after the judge read out his sentence for the 2018 sexual assault in Newcastle.

www.abc.net.au

 

[Run n Spread]

Can't find thread but interesting case in NSW of a rugby player Jarrod Hayne. Was charged with SA
Trial 1 hung jury
Trial 2 guilty quashed on appeal
Trial 3 guilty now just quashed on appeal. Retrial ordered.
Now I maybe wrong but I thought in NSW you were only allowed 3 trials (ostensibly to avoid endless hung juries)
So what happens here? Go to a 4th and the prosecution has 2 more goes at it. Or that's it? 3 unsuccessful prosecutions and time called and can't re try?
In all he has done about 2 years (time served between appeals) and been sentenced twice. So would count to any subsequent sentence.
Can't remember a guilty been overturned twice.

 

[Run n Spread]

Guess the question to the above is what is in the public interest?
If JH is a sex offender than absolutely should serve his sentence and suffer consequences of a conviction.
However he is entitled to a presumption of innocence and has been tried 3 times now and ultimately the charges have not been fairly proven in a court of law.
How many more trials are reasonable? Not to mention time and costs.
I'm torn on this one. Could argue either way.

 

[jason_recliner]

Guess the question to the above is what is in the public interest?

The interest of justice, not the public, as it's largely irrelevant to us other than justice should be served. If there is sufficient doubt as to his innocence that another trial is required, it should go ahead lest a rapist walk free. Better to cease trials when guilt or otherwise has been determined rather than an arbitrary number.

 

[Sphynx]

Jarryd Hayne released from jail after sexual assault convictions quashed

The 36-year-old was last year sentenced to nearly five years in prison for sexually assaulting a woman in her Newcastle home on the night of the 2018 NRL grand final.

www.abc.net.au

New trial ordered for Hayne if the DPP opts to test it for a 4th time.

Given with time already served he was due for parole in 10-11 months, it would be unlikely I would assume?

 

[Kurve]

In here Run n Spread

 

[Sphynx]

The interest of justice, not the public, as it's largely irrelevant to us other than justice should be served. If there is sufficient doubt as to his innocence that another trial is required, it should go ahead lest a rapist walk free. Better to cease trials when guilt or otherwise has been determined rather than an arbitrary number.

He hasn't really "walked free" though.

He's likely eligible for parole at that same point a 4th trial might conclude.

What liability is there for the NSW Government regarding compensation for miscarriage of justice if they opt not to retry it?

Is there any consideration regarding potential costs etc for the government in this scenario? I.E go through this entire process just to return him to jail for another 9 months?

Does this even come into consideration or does interest of justice trump all?

Honestly just asking.

This is also assuming the girl in question wants to go through this a fourth time?

 

[jason_recliner]

He hasn't really "walked free" though.

He's likely eligible for parole at that same point a 4th trial might conclude.

What liability is there for the NSW Government regarding compensation for miscarriage of justice if they opt not to retry it?

Is there any consideration regarding potential costs etc for the government in this scenario? I.E go through this entire process just to return him to jail for another 9 months?

Does this even come into consideration or does interest of justice trump all?

Honestly just asking.

This is also assuming the girl in question wants to go through this a fourth time?

It's difficult to quantify costs to the State. AFAIK they directly employ prosecutors full time so they are paying their wages anyway. Courts already paid for. Opportunity cost, I guess, with competing demands on prosecutors. If they can cover all the cases they need to, why not pursue it? (if there is reasonable doubt as to his innocence)

 

[FIGJAM]

How many more trials are reasonable?

Reminds me of (in my view the best true crime podcast ever), In The Dark (Season 2) where a man named Curtis Flowers was retried 6 times (and it could have kept going in perpetuity).

That's about where the similarities between Flowers and Hayne ends though...

 

[Xtreme]

He has form on being a sleazy campaigner who only thinks with the thing between his legs.

But at least he achieved his lifelong dream of dropping the soap.

 

[Around the Wicket]

He didn’t rape the girl but he bit her on the vagina and caused blood and done a runner which caused confusion

 

[sydney_gws]

I don't know what happened, but I don't think enough evidence to convict.
For me that phone call with Mitchell Pearce was unfortunate for Jarryd.
He sounded guilty in that call, or perhaps it was remorse knowing he had been stupid with the Taxi waiting outside.

 

[jason_recliner]

Officially Not Guilty.

Former rugby league star Jarryd Hayne thanks supporters after sexual assault charges officially dropped in court​

The criminal case against Jarryd Hayne has been officially withdrawn and the former rugby league player will not face a fourth trial over sexual assault allegations.

https://www.abc.net.au/news/2024-06...peaks-outside-court-charges-dropped/104035428

I really feel sorry for the guy.

 

[Angry Red Bull]

Jarryd Hayne's convictions of rape have been quashed. He could face a fourth criminal trial.

The NSW Court of Criminal Appeal has quashed the conviction of former NRL player Jarryd Hayne, who was found guilty of sexual assault in April last year.

womensagenda.com.au

This is an article discussing the grounds of appeal. The original judge erred in denying JHs legal team to cross examine the alleged victim over these deleted texts. Presumably that was because the probative value of reasons for their deletion exceeded the prejudicial value. I don't think that is surprising. In a case of He said v She said the step to delete texts in effect hiding them was always an important consideration because it showed intent to hide evidence which itself has bearing on credibility on her consistent assertion she didn't give consent

I was incorrectly accused of misogyny and having a disturbingly backward mindset for holding that they did have bearing on credibility. Turns out the appeals court agreed with my thoughts

 

[Percel]

Reminds me of (in my view the best true crime podcast ever), In The Dark (Season 2) where a man named Curtis Flowers was retried 6 times (and it could have kept going in perpetuity).

That's about where the similarities between Flowers and Hayne ends though...

One of the all time great podcasts, outstanding

 

[Run n Spread]

Officially Not Guilty.

Former rugby league star Jarryd Hayne thanks supporters after sexual assault charges officially dropped in court​

The criminal case against Jarryd Hayne has been officially withdrawn and the former rugby league player will not face a fourth trial over sexual assault allegations.

https://www.abc.net.au/news/2024-06...peaks-outside-court-charges-dropped/104035428

I really feel sorry for the guy.

I guess the right decision as you can't keep re trying people of the same offence in perpetuity.
What I find interesting is the tenor on the article moving from informed (the traditional form of consent) to active and informed to a proposed enthusiastic consent law.
How would enthusiasm be legally applied?
It seems there is a push for more convictions that involves redesigning language around consent. This opens appeals and problems with hung juries as the law becomes overly complex.
Yes update the definition to meet modern standards but it should be simplified not made increasingly complex.