Jacob Hoggard, 2008 (Image credit: Neelix., Public domain, via Wikimedia Commons)
TORONTO (CelebrityAccess) – Canadian musician and former Hedley frontman Jacob Hoggard He began his life in prison after an Ontario court rejected his appeal of his sexual assault conviction. globe and mail His legal team reportedly said Hoggard was in custody ahead of an appeal ruling on Friday (August 16).
Hoggard was found guilty of sexually assaulting an Ottawa woman in June 2022, and a sentencing hearing was held on Friday, October 14, 2022. Prosecutors claimed Hoggard “posed a risk to the public,” while his defense team provided a psychiatric report saying he posed a low risk of re-offending. He was released on bail hours later, pending an appeal decision.
The Court of Appeal upheld Hoggard’s conviction, despite arguing that his trial should not have heard evidence from psychologists who testified about the neurobiology of trauma.
Hoggard’s team argued that the trial judge made a mistake by allowing prosecutors to use expert evidence to support Hoggard’s credibility with the woman he was convicted of sexually assaulting.
Prosecutors defended the inclusion of the psychologist’s testimony, noting in court documents that the trial judge had appropriately limited the expert’s evidence on the neurobiology of trauma to “established evidence.” The prosecutor also noted that the defense did not object to this testimony during cross-examination and that the trial judge provided instructions to the jury regarding the trial and final interpretation of this testimony.
The Court of Appeal held that the trial judge had made an error in accepting the expert’s evidence because there was a risk that it would be misinterpreted by the jury as evidence that the complainant had been sexually assaulted. Although the jury was told they could not use expert testimony to diagnose the complainants or conclude that their behavior was consistent with sexual assault, the court noted that some of the questions asked during the jury’s deliberations suggested they were doing just that.
The trial judge reminded the jury that the expert’s testimony played a “very small role” in the case and could not be used to explain the specific evidence. However, Judge Mary Lou Benotto, representing the appeals panel, said expert evidence was not necessary and that jury instructions alone were sufficient. This approach avoids risks that arise during jury deliberations.
Nonetheless, Judge Benoto concluded that the trial judge’s corrective instructions to the jury successfully addressed any potential issues and stated that “there was no material error or miscarriage of justice.” As a result, the court dismissed the appeal.
The three-judge panel also found no error in other arguments raised by Hoggard’s legal team challenging the conviction.
Hoggard’s lawyers expressed disappointment at the appeals court’s ruling. Megan Savard, Gerald Chen, Arash Gyasi and Spencer Bass said in a joint statement, “While we believe Mr. Hoggard’s trial was unfair, we respect the court’s decision. We are carefully reviewing the verdict to consider next steps.
During the preliminary hearing, Hoggard was also charged with sexually assaulting a teenage fan causing bodily harm and sexual interference involving the complainant, but was found not guilty. The 38-year-old, who was born and raised in British Columbia’s Lower Mainland, has pleaded not guilty to all charges.
The jury deliberated behind closed doors for six days and twice deadlocked before reaching a guilty verdict.
