Disgraced former NRL star Jarryd Hayne has again walked free on bail despite being convicted of sexually assaulting a woman more than four years ago.
District Court Judge Graham Turnbull SC this afternoon granted him bail, allowing him to return home with his wife and three children to await his sentencing hearing next month.
Hayne, 35, was on Tuesday found guilty of two counts of sexual intercourse without consent committed against a Newcastle woman in 2018.
Judge Turnbull accepted Hayne's argument that he would be a target in custody due to his high profile if he was held in a remand prison until his sentence is handed down.
Judge Turnbull told the court other prisoners would likely target him "only because he's Jarryd Hayne" and that made his case exceptional.
The prosecution tendered evidence from the head of security at Parklea Jail, who told the court Hayne would likely be placed under protection in the private remand prison ahead of his sentencing.
He told the court Hayne would be isolated from other inmates and only allowed to have contact with prison staff due to his high profile.
But Judge Turnbull told the court Hayne was targeted by other prisoners during his last stint at Parklea Jail, who threw fruit at him from another yard while he was in isolation.
"Unfortunately, prison environments do expose people to random gratuitous violence," he told the court.
"This is a man who is well known in the community and whose profile has been elevated to a level which I would say is exceptional."
Hayne and his wife, Amellia Bonnici, left court after the hearing, jumping straight into a car without addressing the waiting media.
Earlier today, Hayne's lawyers argued he should remain on bail because he would be a "target" for other prisoners.
A packed room at Sydney's Downing Centre District Court today heard his high profile would put him at risk if he was held on remand and not go into custody as a sentenced prisoner.
His barrister, Margaret Cunneen SC, argued against a detention application lodged by prosecutors, saying Hayne needed to be at liberty so he can "protect his family" from a media "mob".
The court heard new bail laws introduced last year require offenders to show "special or exceptional circumstances" to remain at liberty if they are found guilty of charges carrying full-time imprisonment.
It is the second time Hayne has been found guilty over the incident, with his previous convictions and sentence of five years and nine months quashed on appeal last year.
Judge Turnbull, who will be tasked with delivering sentence, told the court on Thursday morning "there's no doubt" Hayne will again go to jail.
Ms Bonnici was called as a witness and told the court the couple shared three young children.
She said they would have to move away from Sydney when her husband was jailed in order to receive the support of "extended family".
She said she "can't even put into words" the impact her husband's incarceration would have on the family.
Ms Cunneen said there had been a "toxic flavour and a great deal of vitriol" from online trolls aimed at Hayne and his family during his legal ordeal spanning nearly five years.
During that time, he has never breached his bail conditions or committed another offence, the court heard.
She argued her client should remain on bail so he could protect his family from an "unrelenting" press and help with the family's move to the country.
His case showed special circumstances, she said, due to his football fame which would make him "a target in the general prison population".
"There wouldn't be such a massive press contingent present in court unless there was something exceptional about this case," Ms Cunneen said.
The barrister said levels of abuse directed at Hayne's family was disproportionate to his crimes.
"Mr Hayne is treated as the most evil and serious sex offender who has ever inhabited the earth."
Crown prosecutor John Sfinas said Hayne's case for bail was not exceptional or special and rested on the fact "the offender is a high-profile footballer".
Judge Turnbull said Hayne has not worked since his arrest in 2018 and had since been a "full-time father", aside from the nine months he spent in prison.
Ms Bonnici told the court the family had been living off Hayne's savings from his sport career.
Hayne remained on bail until the day he was sentenced to prison on the last occasion in 2021.
He was then released in February 2022 after successfully appealing the jury's verdicts and a retrial was ordered.
The former rugby league star is facing a maximum of 14 years' jail for the latest conviction.
Hayne will return to court for sentencing on May 8.
