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Hayne~NFL~RU~Tits~Eels~Dad~Jailed~Mistrial~Jailed 5yrs~Retrial~Jailed~Appeal

Incorrect

Coach
Messages
11,992
I probably should know the answer to this, but if Hayne is found not guilty in his 3rd trial, would he be entitled to compensation if he chose to pursue it for being wrongfully imprisoned after that second trial??
 

Noise

Coach
Messages
17,574
I probably should know the answer to this, but if Hayne is found not guilty in his 3rd trial, would he be entitled to compensation if he chose to pursue it for being wrongfully imprisoned after that second trial??
You'd assume so.
 

the phantom menace

First Grade
Messages
9,588
Even if his 3rd trial results in a not guilty verdict - that's not necessarily (in terms of compensation) the same as being innocent (and hence wrongly convicted).

Based on agreed facts of the case as reported, I don't think he'd be entitled to compensation, but here's a paper about how some of it works (or doesn't really work - is arbitrary): https://www.aic.gov.au/publications/tandi/tandi356

Australian states and territories can make discretionary ex gratia payments, although determination of compensation amounts is unclear. Compensation levels for wrongful conviction in Australia are not as generous as tortious claims. The current system of ex gratia payments that exists in all Australian jurisdictions (other than the Australian Capital Territory) is arbitrary.
 

King-Gutho94

Coach
Messages
12,629
I know the club has been very quiet in the past 12 months and deliberately so.

But did they remove Hayne from any Honour roll board at his time at the club. I remember quiet murmurs in the paper after he gor sentenced as the NRL were keen to strip him of the dally m medal.

If he is let go they will look stupid if they did.
 

King-Gutho94

Coach
Messages
12,629
I probably should know the answer to this, but if Hayne is found not guilty in his 3rd trial, would he be entitled to compensation if he chose to pursue it for being wrongfully imprisoned after that second trial??

The victim also put a civil suit in back in September after he was in Jail. Not sure if that has any relevance or not.
 

T-Boon

Coach
Messages
15,461
I probably should know the answer to this, but if Hayne is found not guilty in his 3rd trial, would he be entitled to compensation if he chose to pursue it for being wrongfully imprisoned after that second trial??
I don't think so. Think of how many people get found not guilty after being on remand bail refused. It is similar to that. I'd love to see him sue the media though. I always love that. I would chip in to cover costs.
 

Twizzle

Administrator
Staff member
Messages
151,448
I think there will now be a lot of doubt as to whether he can be convicted now without any reasonable doubt, much like the JDB case, it may not be worth pursuing
 

T-Boon

Coach
Messages
15,461
Even if his 3rd trial results in a not guilty verdict - that's not necessarily (in terms of compensation) the same as being innocent (and hence wrongly convicted).
Yeah, it is nearly impossible to prove you are innocent in the sense that you mean.
But for example George Pell's matter is considered a wrongful conviction even though it is impossible for them to prove 100% that he didn't do it. He definitely should have been found not guilty or not even put on trial.
 

T-Boon

Coach
Messages
15,461
It sounds like the female judge really botched things with terrible directions to the jury. To the legal experts out there what does it take for a judge to get fired?
 

the phantom menace

First Grade
Messages
9,588
Yeah, it is nearly impossible to prove you are innocent in the sense that you mean.
But for example George Pell's matter is considered a wrongful conviction even though it is impossible for them to prove 100% that he didn't do it. He definitely should have been found not guilty or not even put on trial.
But Pell definitely should not be entitled to any compensation.
 

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