Former NRL player Jared Hein taken into custody before serving sexual assault sentence
Former NRL player Jared Hein was tearfully detained ahead of an “inevitable” prison sentence for sexually assaulting a woman at the Bucks over the weekend in 2018.
Key Point:
- Hayne was convicted by a jury of two counts of sexual assault on April 4.
- Judge previously said full-time prison was inevitable
- Claims that Hein’s case represented a special or exceptional circumstance were dismissed
Hayne arrived at the Supreme Court of New South Wales on Friday holding hands with his wife, Amelia Bonici.
After a successful initial bail attempt last week, Judge Richard Button ruled today that Hein failed to show why he needed to go free before sentencing proceedings in May.
A 35-year-old woman was convicted this month of two counts of non-consensual intercourse in the wake of an assault on a woman in Newcastle more than four years ago.
A jury found that he forced a woman to perform oral and digital sex on the last night of September 2018 after she arrived at his home in a taxi.
The former rugby league and NFL star pleaded not guilty to the consensual sexual conduct and has said he will appeal the jury’s verdict.
Prosecutors today appealed District Judge Graham Turnbull’s decision to extend Hayne’s bail until his next court date, May 8.
Judge Turnbull last week accepted a claim from Hayne’s lawyer that his fame would send him to prison if he wasn’t held as a convicted prisoner.
But before the High Court, Judge Button did not agree with any of the defense’s “justifications for Mr. Hein to remain free.”
“For all purposes within the criminal justice system, Mr. Hein has been established as the person who committed two very serious sex crimes.
The court ruled that Hain’s return to prison after serving nine months in prison for the same crime was inevitable until a third trial was ordered in February 2022.
Mr. Haein hugged Ms. Bonichi and was taken away while shedding tears.
Hae In will face ‘oppressive and harsh conditions’, lawyer says
Margaret Canine SC, the former footballer’s barrister, claimed her client would be put in “very oppressive conditions” during remand.
“For at least 25 days, the conditions were oppressive and harsh, the nature and duration of the crime unsolicited,” Kanine said.
She said the client’s profile, the “unprecedented” media interest in his case, and the online abuse directed at him and his family mean he will be placed in protective custody.
“Mr Hain suffers from the default position that he is the meanest and worst kind of sex offender,” the barrister said.
“And that social media reaches inmates.”
Ms Cunneen called media coverage of the case, which spanned three trials and appeals, “abnormal” as “a 30-second affair between two adults”.
“For someone with no other criminal record, this harshness is absolutely extraordinary and out of balance,” she said.
“There’s effectively a mob fighting.”
Prosecutors object to ‘exceptional circumstances’
Under recent changes to bail laws, offenders must show “special or exceptional circumstances” to preserve their freedom if convicted of charges that carry full-time imprisonment. .
Prosecutor Brett Hatfield argued that none of the factors raised by Hein’s legal team exceeded that limit.
Mr Hatfield has rejected allegations that Hein needs to be released on bail in order to protect his family and help him move out of Sydney in time for his sentence.
He said many people have to “adjust the family situation” when a loved one goes to prison.
Prosecutors also said inmates were protected for a variety of reasons, including gang affiliation, the type of crime they committed, or the publicity surrounding their case.
Judge Button eventually agreed to end Hayne’s four-year bail period.
He said the situation facing Hae In and his family could be “generally considered abnormal” but that it had not reached legal testing.
“In short, I don’t think any of the issues I’m relying on individually constitute special or exceptional circumstances,” he said.
“Bail has been revoked. Mr. Hayne, please wait with the sheriff. Please wait until the prison officers take him into custody.”
https://www.abc.net.au/news/2023-04-14/jarryd-hayne-taken-into-custody-assault-bail/102222490 Former NRL player Jared Hein taken into custody before serving sexual assault sentence