Jacob Hoggard, 2008 (Photograph Credit score: Neelix., Public area, by way of Wikimedia Commons)
TORONTO (CelebrityAccess) – Canadian musician and former Hedley frontman Jacob Hoggard started his time behind bars after an Ontario court docket dismissed his attraction for his sexual assault conviction. The Globe and Mail stories his authorized staff stated Hoggard surrendered into custody earlier than the attraction ruling was handed down on Friday (August 16).
Hoggard had his sentencing listening to on Friday, October 14, 2022, after being discovered responsible in June 2022 of sexually assaulting an Ottawa girl. The prosecution asserted that Hoggard was “a threat to the general public,” whereas his protection staff offered a psychiatric report that stated he was at low threat of committing the crime once more. He was launched on bail hours later, pending the attraction resolution.
The Appeals Court docket upheld Hoggard’sconviction regardless of discovering his trial shouldn’t have heard the proof of a psychologist who testified on the neurobiology of trauma.
Hoggard’steam argued that the trial decide made a mistake by permitting prosecutors to make use of professional proof to assist the credibility of the lady Hoggard was convicted of sexually assaulting.
The Crown defended the inclusion of the psychologist’s testimony, stating in court docket paperwork that the trial decide had appropriately restricted the professional’sevidence on the neurobiology of trauma to what was “established proof.” Prosecutors additionally talked about that the protection didn’t contest this testimony throughout cross-examination and that the trial decide offered the jury with mid-trial and ultimate directions on deciphering it.
The Attraction Court docket discovered that the trial decide made an error in admitting the professional’s proof as a result of it risked being misinterpreted by the jury as proof that the complainants had skilled a sexual assault. Though the jury was instructed that they might not use the professional’s testimony to diagnose the complainants or conclude that their conduct was in line with having been sexually assaulted, the court docket famous that some questions raised throughout jury deliberations indicated they had been doing simply that.
The trial decide had reminded the jury that the professional’s testimony performed “a really small position” within the case and couldn’t be used to interpret particular proof. Nevertheless, Justice Mary Lou Benotto, writing on behalf of the attraction panel, expressed the opinion that the professional proof was pointless and {that a} jury instruction alone would have sufficed. This method would have averted the dangers that materialized throughout jury deliberations.
Regardless of this, Justice Benotto concluded that the trial decide’s corrective directions to the jury efficiently addressed any potential points, stating that “there was no substantial improper or miscarriage of justice.” Because of this, the court docket dismissed the attraction.
The three-judge panel additionally discovered no errors within the different arguments raised by Hoggard’s authorized staff difficult the conviction.
Hoggard’s attorneys expressed disappointment with the Attraction Court docket’s resolution. In a joint assertion, Megan Savard, Gerald Chan, Arash Ghiassi, and Spencer Bass stated, “Whereas we preserve that Mr. Hoggard’strial was unfair, we respect the court docket’s resolution. We’re rigorously reviewing the judgment to think about our subsequent steps.”
Throughout the preliminary trial, Hoggard had additionally been charged with sexual assault inflicting bodily hurt within the case of a teenage fan, in addition to sexual interference involving that complainant, however was discovered not responsible on these expenses. The 38-year-old, born and raised in British Columbia’s Decrease Mainland, had pleaded not responsible to all expenses.
Jurors deliberated behind closed doorways for six days, and a impasse was declared twice earlier than the responsible verdict was delivered.