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

the phantom menace

First Grade
Messages
8,418
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“This is not a contest between two people, this is a matter being conducted on behalf of the community,
” Judge Turnbull told the jury.

He urged the jury to keep clear of stereotypes or pre-conceived ideas when it comes to an alleged sexual offence.

Judge Turnbull said people may not always remember all details of a sexual offence, or explain it the same way each time.

“Trauma may reflect in people differently,” he said.

“There’s no typical or normal response to non-consensual sexual activity.”


Prior to the Judge’s address, defence barrister Margaret Cunneen SC gave the final remarks of her closing evidence on Monday morning.

Ms Cunneen said “most men are not rapists”.

“Most men would never commit sexual assault,” she told the jury.

“The vast majority of men would find it completely inconsistent with sexual satisfaction or sexual enjoyment to force themselves upon a woman in any way at all.

“Mr Hayne is one of that majority of men who would never force himself in a sexual way upon a woman on a way which is criminal.”


But Judge Turnbull told the jury they are “not permitted” to reason in that way.


“This is not a case about most men, this is a case about this accused and his asserted conduct that night,” the Judge said.

“It is about what he said and did and what the complainant said and did. You must put that submission out of your mind completely.

The jury of six men and six women have retired to deliberate.


 

the phantom menace

First Grade
Messages
8,418
Depends how long the jury takes to reach an agreement.

I'd imagine sometime this week - and if the jury can't agree on a verdict, then the judge an discharge the jury and order a new trial... and then I think it's up to the DPP whether it proceeds with a new trial.
 

King-Gutho94

Coach
Messages
11,079
Depends how long the jury takes to reach an agreement.

I'd imagine sometime this week - and if the jury can't agree on a verdict, then the judge an discharge the jury and order a new trial... and then I think it's up to the DPP whether it proceeds with a new trial.
f**k me it couldn't go for a fourth trial.

Time to move on everyone who was involved life has been damaged by it.

Everyone will just have to cut there losses as sad as it may be.
 

the phantom menace

First Grade
Messages
8,418
Yes, and that's the criminal trial side of things. Regardless of verdict this time around, it remains open for the complainant to commence a civil trial should they elect to do so.

As posted above the burden of proof is less for a guilty verdict (and award of damages) in a civil trial compared to that required for a guilty verdict (and jail term) in a criminal trial.
 

the phantom menace

First Grade
Messages
8,418
The fact it's taken the jury more than 8 hours (and counting) of deliberation is suggestive that some members initially think Hayne is guilty while others initially think he is not guilty, with some maybe unsure inbetween. So it will come down to the discussions and whether anyone can be swayed from their original thoughts toward a unanimous decision - although I think a verdict can also be given on an absolute majority (i.e. 11 jurors v 1 dissenting).
 

Gary Gutful

Post Whore
Messages
51,727
The fact it's taken the jury more than 8 hours (and counting) of deliberation is suggestive that some members initially think Hayne is guilty while others initially think he is not guilty, with some maybe unsure inbetween. So it will come down to the discussions and whether anyone can be swayed from their original thoughts toward a unanimous decision - although I think a verdict can also be given on an absolute majority (i.e. 11 jurors v 1 dissenting).
There's at least 5 members of the jury that are hoping that they can drag this shit out and avoid going back to work until Easter.
 
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