Jarryd Hayne Has Been Granted Bail

 Jarryd Hayne, who has been convicted of rape, was granted bail ahead of his sentencing this month.


He walked free from court, after friends and family sighed in relief after hearing the ruling.


Judge Graham Turnbull, SC, rejected the detention application brought forward by the crown, which raised concerns about prison conditions and online threats.


Convicted rapist Jarryd Hayne will spend the Easter break with his loved ones as he was granted bail ahead of being sentenced next month.


The fallen footy star walked free from court, flanked by sheriffs, after his friends and family sighed with relief in a packed courtroom when they heard the ruling.


Judge Graham Turnbull, SC, rejected the crown’s detention application, raising concerns about prison conditions and online threats.


On Tuesday, a jury had found the footy star guilty of two counts of sexual intercourse without consent. This was the third trial he has faced over the charges.


He has been granted immediate bail and appeared at Sydney's Downing Centre District Court on Thursday, where the Judge ruled he was safer in the community than in jail for the next month.


Judge Turnbull raised concerns the star would be facing “significantly deprived circumstances” as he would be separated from other prisoners until he is classified after sentencing. Once he has been sentenced, he will be sent to a protective jail for high profile inmates.


He believes he would face deprivation “not because of his offending... but because he’s Jarryd Hayne.”


The judge read out multiple threatening messages received by Hayne and his wife online, including “Big Bubba is waiting”.


“Should lock him up with a few guys and teach him what it’s like to have your consent disregarded”.


Judge Turnbull believes what he had was “evidence that suggests public interest in this matter is of the very highest level”.


He mentioned that sex offenders, who inevitably face full-time prison, just as Hayne will, are legally required to be denied bail unless exceptional circumstances come forth.


Hayne's case was met by these "exceptional circumstances."


“It is not some obscure criminal (who is) only well-known to certain groups as opposed to the general prison population - it’s a man who is well-known in the community and has been elevated in a way that is exceptional.” the Judge said.


A prison manager told the court Hayne would be segregated for his own safety from the moment he arrives in prison until his sentencing, and will only be allowed outside for one hour a day.


Margaret Cunneen SC, Hayne's defence barrister, told the court he will be risk of danger in jail, after being targeted the last time he appeared behind bars.


“Mr Hayne is being treated as the most evil and serious sex offender ever that has ever come out of the earth.”


She agreed Hayne is more susceptible to threats in jail due to the “intensity of publicity is greater than ever” and that “the visceral response is grossly out of proportion to the relative seriousness to the circumstances in this case”.


The detention application mentioned earlier, was opposed on the grounds that Hayne's wife and children would have to move from Sydney in order to seek family support if he were to be relocated, he had obeyed the bail conditions since the first charge with offences in 2018, and had committed no crimes since.


Crown Prosecutor John Sfinas SC suggested the family would have to relocate once the star is sentenced to jail.


“All it comes down to is the fact the offender was a high-profile footballer, that’s all it comes down to.”


He is due to be sentenced on May 8th.


While in court, Amellia Bonnici, Hayne's wife, asked what would happened if he were sent straight to jail, breaking down in the process.


She admitted to marrying him in 2021 before being asked if she had three children with him


“Yes,” she told the court, as she began crying.


When asked about the affidavit she prepared about what it would mean for her family without his support over the next few weeks she said, “I can’t even put that into words”.


Telling the court that if Hayne were to be sentenced to full-time prison, she would have to relocate to the country in order to live with her parents.


When asked if Hayne's parent's, who live in the Central Coast, could help her she said, “Not as much as mine would. (Their support) is not the same as raising children.”


She explained Hayne hadn't recieved income for the last five years and his family had been living off his savings.


Hayne is facing a maximum 14 years in prison.


During the 11-day trial, Mr Sfinas debated Hayne sexually assaulted the woman with his hands and mouth after stopping by her house outside of Newcastle, after being told she did not want to have sex.


It was heard by the NSW District Court that she said “no” and “stop” and tried to physically resist but gave up, before she was left with two lacerations and substantial bleeding.


Hayne's supporters became emotional as his guilty verdict came to play on Tuesday.


His wife held her head in her hands and cried before she proceeded to embrace her husband and his mother.


Outside the courtroom, he told journalists he was devastated and planned to appeal the verdict.


He claims he “100 per cent” maintains his innocence.


“I never lied to police. I never deleted evidence. I never hid witnesses. You do the maths.”


When asked if he had any remorse or anything to say to the victim, he replied with, “For telling the truth?” Did I lie? Did I lie? Did I lie? It’s factual evidence.”


There was an 8 day deliberation with a 12-person jury, before their verdict was returned at 3:30PM on Tuesday.


This came hours after a note was sent to Judge Turnbull reading, "Dear Your Honour, we’ve taken another vote, and while we have made progress, we are not at a unanimous decision. We would like to clarify if ignorance of the law is a sufficient defence.”


The judge's response was “short answer is no”, but that the facts of this case show there is a little more nuance to that.


“In this case, you must remember the burden of proof is on the Crown and the accused does not have to prove anything.”


“Neither the accused nor the complainant misunderstood that it was anything but illegal to force yourself on a woman without her consent, whether it be digitally or orally."


The judge said they have to be satisfied beyond reasonable doubt.


This message came one day after the judge made a “Black Direction” asking them to reconsider the votes of a few jurors.


So far, Hayne has pleaded not guilty to both crimes, and has maintained the acts were consensual throughout the trial.

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