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

T-Boon

Coach
Messages
15,310
If another re-trial is not pursued, it doesn't mean that Hayne has been found innocent (or that he is guilty), but - depending on the wishes of the alleged victim to keep going through this to pursue some result - Hayne could be still be facing a civil trial with a lower burden of proof.
The alleged false complainant also faces that. If she loses he would get a costs order - which would not mean much since she does not have deep pockets.
 

the phantom menace

First Grade
Messages
8,824
The alleged false complainant also faces that. If she loses he would get a costs order - which would not mean much since she does not have deep pockets.
Based on reports of the evidence put before the trial/s, I highly doubt that will be something that ever comes into the equation. A loss doing that would open Hayne to all sorts of accusations based on a failure to prove a false allegation...

As stated, a failure for a jury to agree on a verdict doesn't mean someone is guilty or innocent - and it alone definitely isn't proof of any false accusations. For Hayne to prove consent was given would likely be just as difficult as proving the opposite might seem to be.
 

the phantom menace

First Grade
Messages
8,824
Hayne's only got to get 2 out of 12 believing his actions were not illegal (and the rest disagreeing) and there'll be no verdict.

Similarly, the police have only got to get 2 out of 12 believing that Hayne's actions were illegal (and the rest disagreing) for there to be no verdict.

An eventual hung jury is hardly a clear win by anyone, nor a statement of innocence (or guilt). Should only be another day or so now, after the "Black case" direction is given to the jury by the judge.
 

Gronk

Moderator
Staff member
Messages
74,055
Back to jail for him.
Yeah so winding back, he got 5 years in May 2021 (3 years non parole), but went to the appellate court who quashed that verdict and ordered a re-trial. That was this trial and he was found guilty. So I assume the original sentencing applies less time served ? Dunno.
 

Suitman

Post Whore
Messages
55,036
Yeah so winding back, he got 5 years in May 2021 (3 years non parole), but went to the appellate court who quashed that verdict and ordered a re-trial. That was this trial and he was found guilty. So I assume the original sentencing applies less time served ? Dunno.

The current judge is at liberty to change the sentence.
 
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