Former NRL player Jarryd Hayne has been taken into custody in tears ahead of an "inevitable" jail sentence for sexually assaulting a woman while on a bucks weekend in 2018.
Hayne arrived at the NSW Supreme Court on Friday hand-in-hand with wife Amellia Bonnici, to face prosecutors' second bid to have his bail revoked in as many weeks.
After succeeding in his first bail attempt last week, Justice Richard Button today ruled Hayne had not shown why he needed to be at liberty before sentence proceedings in May.
The 35-year-old was this month found guilty of two counts of sexual intercourse without consent, stemming from the assault of a woman in Newcastle more than four years ago.
A jury accepted he forced oral and digital sex on a woman who told him to stop, after he arrived at her home in a taxi on grand final night in September 2018.
The ex-rugby league and NFL star maintains his innocence, saying the sexual acts were consensual, and has flagged an appeal against the jury's verdicts.
Prosecutors today appealed against a decision made by Judge Graham Turnbull in the District Court to extend Hayne's bail until his next court date on May 8.
Judge Turnbull last week accepted arguments from Hayne's lawyers that his fame put a target on his back in jail, if he does not go into custody as a sentenced prisoner.
But in the higher court, Justice Button found none of the arguments put forward by the defence "justify Mr Hayne remaining at liberty".
"For all purposes within the criminal justice system, it is accepted that Mr Hayne is a person who committed two grave sexual offences," he said.
The court heard it is inevitable Hayne will return to jail, having spent nine months in prison for the same offences before a third trial was ordered in February 2022.
Hayne hugged Ms Bonnici before being led away in tears, with a supporter calling out "stay strong, big fella".
Hayne will face 'oppressive and harsh conditions', lawyer says
Margaret Cunneen SC, the ex-footballer's barrister, had argued that her client would be held in "extraordinarily oppressive conditions" while on remand.
"At least 25 days of oppressive and harsh conditions that aren't called for by the ... nature and duration of the offences," Ms Cunneen said.
She said her client's profile, the "unprecedented" media interest in his case and the online abuse directed at him and his family meant he would be held in protective custody.
"Mr Hayne suffers then from the default position that he is a sex offender of the most debased and worst kind," the barrister said.
"And that social media reaches the prison population."
Ms Cunneen called the media coverage of the case, which spanned three trials and an appeal, "extraordinary" for what was a "30-second incident between two adults".
"For a person with no other criminal history, the vitriol is absolutely extraordinary and out of all proportion," she said.
"There is effectively a baying mob."
Prosecutor argues against 'exceptional circumstances'
Under recent changes to bail laws, offenders have to show "special or exceptional circumstances" to remain at liberty if they are found guilty of charges carrying full-time imprisonment.
Crown prosecutor Brett Hatfield argued none of the factors raised by Hayne's legal team crossed that threshold.
Mr Hatfield rejected claims Hayne needs to be on bail to protect his family and help them move from Sydney before his sentence date.
He said many people needed to "make adjustments to family circumstances" when a loved one goes to jail.
The prosecutor also said inmates were held in protection for a variety of reasons, including gang affiliations, the types of crimes they committed or publicity surrounding their cases.
Justice Button ultimately agreed that Hayne's four years on bail should end.
"In short, I do not regard any of the matters individually relied upon ... as constituting special or exceptional circumstances," he said.
"Bail is revoked and, Mr Hayne must wait for the sheriffs officers ... before going into custody."
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