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ARTICLE · 10 MARCH 2022

Is it fair for a defendant to face a third criminal trial?

The NRL star, Jarryd Hayne, will face a third trial after a successful application to the NSW Court of Criminal Appeal.

AustraliaCriminal Law

Jarryd Hayne will face a third trial after a successful application to the New South Wales Court of Criminal Appeal.

The former NRL star was released on bail from Cooma Correctional Centre last month after having his previous convictions for sexual intercourse without consent quashed.

The appeal was won because the presiding judge was found to have misdirected the jury on the law, as well as the fact that testimony that was determined to be inadmissible in the first trial was used in the second.

Jury directions are instructions on the law that the presiding judge gives to members of the jury when they are considering whether to find a defendant guilty or not guilty of the charges brought against them.

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