JARRYD Hayne has been taken back behind bars after a NSW Supreme Court judge reversed a decision to continue his bail after he was last week found guilty of raping a woman in the Hunter on the night of the 2018 NRL grand final.
Justice Richard Button said it was "remarkable" that Hayne, 35, had been allowed to remain on bail despite being convicted by a jury of "committing two extremely grave sexual offences".
He said none of the submissions advanced by Hayne's barrister, Margaret Cunneen, SC, amounted to "special" or "exceptional" circumstances that would allow the former NRL player to remain on bail until he is sentenced next month.
He revoked Hayne's bail, reversing the decision of NSW District Court Judge Graham Turnbull and Hayne was taken away by corrective services officers.
Hayne was found guilty of two counts of sexual intercourse without consent after a two-week trial in Sydney's Downing Centre District Court, a jury accepting the victim's evidence that she had not consented to sexual acts performed by Hayne.
Two days after the guilty verdicts, the DPP applied for a detention application to have Hayne refused bail until his sentencing on May 8.
Despite recent changes to the bail laws after conviction that meant offenders had to provide "exceptional" or "special circumstances" to avoid being immediately taken behind bars, and a concession that Hayne would spend more time in jail, Judge Turnbull continued Hayne's bail.
Ms Cunneen had convinced him that Hayne was too famous and his crime had attracted too much attention for him to spend a month with other criminals awaiting their fate before being classified to a jail where he could be adequately protected.
The DPP appealed that decision to the NSW Supreme Court and made another detention application, where those submissions carried little weight with Justice Button.
"I do not regard any of the matters individually relied upon by senior counsel for Mr Hayne as constituting special or exceptional circumstances justifying release," Justice Button said. "Considering all of those factors in combination, my respectful evaluation is that the position of Mr Hayne and his family can at most be thought of holistically as unusual, but that falls well short of special or exceptional circumstances and certainly short of justifying Mr Hayne being further at liberty."
The woman Hayne assaulted in her Hunter bedroom cannot be identified.
A taxi waited outside as he played the woman songs on a laptop and watched the end of the grand final with her mother before performing non-consensual oral and digital sex on the woman for about 30 seconds.
They then cleaned blood off themselves and Hayne continued on his journey to Sydney.
The trial beginning in March was Hayne's third on charges laid in November 2018.
The jury in the first trial was discharged after being unable to reach a verdict.
The second jury found Hayne guilty, but his conviction was overturned in the Court of Criminal Appeal after Hayne had spent nine months in jail.
Hayne will be sentenced on May 8 and has already said he will appeal the guilty verdicts in this latest trial.
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