Canadian musician Jacob Hoggard’s enchantment of his sexual assault conviction was heard at Ontario’s prime courtroom on Wednesday, as the previous Hedley frontman sought a brand new trial.
Hoggard was sentenced to 5 years behind bars in October 2022 after being discovered responsible of sexual assault inflicting bodily hurt in opposition to an Ottawa girl, an offence the presiding choose referred to as a “significantly degrading rape.”
The musician was granted bail hours after being sentenced, pending his enchantment within the case.
Paperwork filed by Hoggard’s attorneys with the Courtroom of Enchantment for Ontario mentioned he’s interesting his conviction on 4 grounds, together with that the trial choose erred by admitting the proof of Lori Haskell, a scientific psychologist, on the neurobiology of trauma.
Additionally they argued the trial choose wrongly permitted the Crown to argue that the professional’s proof supported the credibility of the lady Hoggard was discovered to have sexually assaulted.
“This arrow cuts proper into the guts of the difficulty on this case,” Gerald Chan, one in every of Hoggard’s attorneys argued in courtroom Wednesday. “This isn’t a peripheral a part of the trial. This isn’t associated to tangential items of proof.”
The trial choose allowed the psychologist, over the objections of the defence, to provide the jury a generic “science” lesson on the neurobiology of trauma so long as she didn’t hyperlink the proof to the complainants, who she didn’t assess, Hoggard’s attorneys mentioned in courtroom paperwork.
“Dr. Haskell testified that experiencing a traumatic occasion may cause reminiscence to fragment and lack coherent narrative. The relevance of this proof, nevertheless, assumed the existence of the very traumatic occasions at concern within the trial — specifically, the alleged sexual assaults,” they argued.
“Except the jury assumed Hoggard was responsible, Dr. Haskell’s proof was irrelevant. It ought to by no means have been admitted.”
The authorized crew additional argued that the trial choose delivered an “impermissibly imbalanced” jury cost concerning inconsistencies within the girl’s testimony in comparison with these in Hoggard’s testimony – they argued the choose gave the jury the misimpression that the lady and Hoggard had an equal variety of inconsistencies when “in actuality J.B. had extra.”
The Crown argued in courtroom paperwork that the psychologist’s proof was correctly admitted at trial, and the trial choose pared down the professional proof on the neurobiology of trauma to the “established science” that the defence didn’t problem on cross-examination.
“It was related to not bolster credibility however to assist the jury assess counter-intuitive behaviour that could be misunderstood owing to myths and stereotypes. It was vital as a result of the scientific rationalization behind these behaviours is past laypersons’ potential to grasp,” the Crown wrote.
“With out it there was a threat the complainants’ proof could be unfairly discounted. Though not a neurobiologist, Dr. Haskell had in depth neurobiology of trauma coaching and educating expertise. Any potential for prejudice was addressed by paring down the proof’s scope, the chance for cross-examination and offering customized mid-trial and remaining jury directions.”
The Crown – which has requested that the enchantment be dismissed – additionally argued that directions to the jury on prior inconsistent statements was balanced and honest to Hoggard.
At trial, Hoggard was discovered responsible of sexual assault inflicting bodily hurt in opposition to an Ottawa girl and acquitted of the identical cost in opposition to a teenage fan. He was additionally discovered not responsible of sexual interference, a cost that refers back to the sexual touching of somebody below 16, in relation to the teenager.
The Crown alleged at trial that Hoggard groped the teenager after a Hedley present in Toronto in April 2016, then violently raped her in a Toronto-area lodge room later that yr after she turned 16. They alleged Hoggard then violently raped the Ottawa girl in a downtown Toronto lodge in November 2016.
Hoggard – who had pleaded not responsible to all costs – acknowledged having intercourse with each complainants, however denied sexually assaulting them. Consequently, the case turned on the difficulty of consent.
The musician whose band, Hedley, rose to fame after he got here in third on the truth present Canadian Idol in 2004, was charged in 2018.
The band went on an indefinite hiatus when allegations of sexual misconduct surfaced. Its final present was in Kelowna, B.C., on March 24, 2018.
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