Director of Public Prosecutions (NSW) v Hayne

The case between the Director of Public Prosecutions (NSW) and Mr Hayne was heard before the Supreme Court of New South Wales. Mr Hayne, a former professional football player, had been found guilty of two counts of sexual intercourse without consent. Despite the delivery of the verdicts, Mr Hayne remained on bail, leading to an application by the Director to revoke the bail. The court needed to determine whether the circumstances were special or exceptional enough to justify the continuation of bail.

The primary legal issue was whether the factors presented by Mr Hayne's legal team constituted special or exceptional circumstances that warranted the continuation of his bail. The court was required to consider the significant media attention due to Mr Hayne’s public profile, the difficulties in preparing for sentencing, the potential impact on Mr Hayne's family, and the conditions of his custody. The court had to weigh these factors against the risk of Mr Hayne failing to appear in court if released on bail.

The Supreme Court concluded that none of the factors, either individually or in combination, established special or exceptional circumstances that justified the continuation of Mr Hayne's bail. The court found that the mainstream media and online interest did not constitute a unique situation that warranted special consideration. Additionally, while difficulties in preparing for sentencing and the impact on Mr Hayne's family were acknowledged, they did not rise to the level of special or exceptional circumstances. The court also noted the short period of remand and the absence of unacceptable risks if bail was continued. Consequently, the application to revoke bail was successful.

The court revoked Mr Hayne's bail and ordered him to surrender to custody to await sentencing. This decision underscores the high threshold required to establish special or exceptional circumstances for the continuation of bail, particularly in high-profile cases where public interest is significant.