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Jarryd Hayne loses bid to remain on bail

Jarryd Hayne has been taken into custody after losing a court battle to remain on bail while he awaits sentencing for sexual assault.

Jarryd Hayne arrives at the Supreme Court, Sydney with his wife Amellia Bonnici. Picture: NCA NewsWire/Simon Bullard
Jarryd Hayne arrives at the Supreme Court, Sydney with his wife Amellia Bonnici. Picture: NCA NewsWire/Simon Bullard

Fallen NRL star Jarryd Hayne has been led away to prison as he waits to learn his fate and ultimate jail term after being convicted of sexually assaulting a woman.

Hayne on Friday afternoon embraced his wife as he was taken into custody after having his bail revoked by the Supreme Court.

The court heard that Hayne is assured of being sentenced to a full time term of imprisonment when he next faces court for sentence proceedings on May 8.

Hayne was last week convicted by a jury of two counts of sexual intercourse without consent at her Newcastle home on NRL grand final night in September 2018.

After pleading not guilty and battling the allegations at trial, a jury found the once superstar athlete guilty.

The 35-year-old last week walked out of Sydney’s Downing Centre District Court on conditional bail, however, the Director of Public Prosecutions on Friday made a successful Supreme Court detention application.

Justice Richard Button agreed to the Crown prosecution’s detention application and ordered that Hayne be taken into custody immediately.

The former Dally M winner became emotional as he embraced his wife Amellia Bonnici and the pair hugged for several minutes before he was led away.

“You’re innocent,” one female supporter yelled.

“Stay strong big fella,” another male supporter said as Hayne embraced about a dozen family and friends.

Jarryd Hayne arrives at the Supreme Court, Sydney with his wife Amellia Bonnici on Friday. Picture: NCA NewsWire/Simon Bullard
Jarryd Hayne arrives at the Supreme Court, Sydney with his wife Amellia Bonnici on Friday. Picture: NCA NewsWire/Simon Bullard
He is at court to fight a Crown detention application ahead of sentence hearing. Picture: NCA NewsWire/Simon Bullard
He is at court to fight a Crown detention application ahead of sentence hearing. Picture: NCA NewsWire/Simon Bullard

Under NSW law, a person who is found guilty of an offence and will be sentenced to a full time jail term must be refused bail unless they can establish special or exceptional circumstances.

Hayne last week successfully fought a detention application in the District Court when his barrister Margaret Cunneen SC argued the former Parramatta fullback was “too high-profile” to be sent to prison in the midst of major media coverage.

Judge Turnbull allowed Hayne to remain on bail to help his family get sorted before sentence proceedings on May 8.

However Justice Button said that Hayne had been convicted of a serious offence.

“Within the criminal justice system it is established Mr Hayne is a person who committed two extremely grave sexual offences,” Justice Button said.

Justice Button added that Hayne’s “incarceration is inevitable” and that “the fact is all prisons are inherently places of deprivation of liberty.”

Amellia Bonnici is seen wearing sunglasses as she leaves the Supreme Court. Picture: NCA NewsWire/Simon Bullard
Amellia Bonnici is seen wearing sunglasses as she leaves the Supreme Court. Picture: NCA NewsWire/Simon Bullard
She kept her head down as she left court on Friday after Hayne was taken into custody. Picture: NCA NewsWire/Simon Bullard
She kept her head down as she left court on Friday after Hayne was taken into custody. Picture: NCA NewsWire/Simon Bullard
She was escorted out of court by police alongside supporters. Picture: NCA NewsWire/Simon Bullard
She was escorted out of court by police alongside supporters. Picture: NCA NewsWire/Simon Bullard

In the Supreme Court on Friday, Ms Cunneen argued that Hayne should remain on bail because of a combination of factors including that he faced “oppressive” conditions in protective custody.

“It’s 25 days in isolation when it’s not required, it’s not called for,” she said.

The former NRL star was found guilty of sexually assaulting a woman at her Newcastle home on grand final night in 2018. Picture: NCA NewsWire/Simon Bullard
The former NRL star was found guilty of sexually assaulting a woman at her Newcastle home on grand final night in 2018. Picture: NCA NewsWire/Simon Bullard
Jarryd Hayne arrives at the Supreme Court, Sydney with his wife Amellia Bonnici. Picture: NCA NewsWire/Simon Bullard
Jarryd Hayne arrives at the Supreme Court, Sydney with his wife Amellia Bonnici. Picture: NCA NewsWire/Simon Bullard
Jarryd Hayne (centre) walked from court on bail last week holding the hand of his wife Amellia Bonnici. Picture: NCA Newswire / Christian Gilles.
Jarryd Hayne (centre) walked from court on bail last week holding the hand of his wife Amellia Bonnici. Picture: NCA Newswire / Christian Gilles.

She argued that it was an “exceptional case” and that the granting of bail for a “very short time” was justified.

“It is accepted… we all agree that it is inevitable that Mr Hayne will go into custody,” Justice Button asked

“Yes your honour,” Ms Cunneen replied.

Hayne has twice been found guilty by a jury.

A first trial ended in a hung jury before a second jury delivered a guilty verdict.

He spent nine months in jail before he walked from prison on bail after having his conviction quashed on appeal.

Following a third trial in March and April this year, he was once again found guilty but has flagged his intention to appeal his conviction and continues to maintain his innocence.

And Ms Cunneen argued that Hayne had been on bail for four-and-a-half years without incident.

The former NRL star was found guilty of sexually assaulting a woman at her Newcastle home on grand final night in 2018. Picture: NCA NewsWire/Simon Bullard
The former NRL star was found guilty of sexually assaulting a woman at her Newcastle home on grand final night in 2018. Picture: NCA NewsWire/Simon Bullard

She also argued media reporting had been disproportionate and that he and his wife had been subjected to “toxic” abuse on social media.

She described the “vitriol” against her client as being “absolutely extraordinary”.

“There is something about this case that ... has incited the most toxic responses on social media that are out of proportion to the circumstances of this case.”

However Justice Button said that: “Since the invention of the internet and social media, people see fit to express hurtful offensive and even unlawful opinions online.”

Hayne will next appear in court on May 8.

Originally published as Jarryd Hayne loses bid to remain on bail

Original URL: https://www.goldcoastbulletin.com.au/sport/nrl/jarryd-hayne-to-fight-bid-to-revoke-bail/news-story/bf29e478e441e3eb1da16a5afebe3d22