Jarryd Hayne to face retrial after winning appeal

Former NRL player Jarryd Hayne. Photo / Getty

Former NRL superstar Jarryd Hayne has had his sexual assault conviction overturned and is set to face a third trial.

The Court of Criminal Appeal on Monday quashed his conviction and ordered that he face a retrial before the NSW District Court.

Mr Hayne, 33, has been in jail for more than nine months having been sentenced to at least three years and eight months in prison for the alleged sexual assault of a woman in her Newcastle home on NRL grand final night in 2018.

A District Court jury in March last year found the former Dally M winner guilty of two counts of sexual assault, accepting the woman's version of events that he performed digital and oral sex on her without her consent.

He was subsequently sentenced by Judge Helen Syme to five years and nine months jail, with a non-parole period of three years and eight months.

He launched an appeal against his conviction, claiming the NSW District Court jury was given flawed directions and there were inconsistencies in the evidence.

His barrister Tim Game argued that the jury was given directions that were "flawed in almost every possible way" before they were sent to deliberate.

According to Hayne's barrister, Judge Syme used words like "might" and "may" when she should have used "beyond a reasonable doubt".

Mr Game also argued before the Court of Appeal that the woman's words in a text sent to a friend did not accord with her evidence that she repeatedly said "no" and "stop".

The Court of Appeal of Monday quashed his convictions and ordered him to face a fresh trial, with the matter listed to be mention in the District Court on Thursday.

SEXUAL HARM

Sexual harm - Where to get help
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.