Jacob Hoggard Seeking Leave to Appeal Sex Assault Conviction to Canada’s Top Court

Jacob Hoggard Seeking Leave to Appeal Sex Assault Conviction to Canada’s Top Court
Canadian musician Jacob Hoggard arrives at court in Toronto on Oct. 6, 2022. The Canadian Press/Alex Lupul
The Canadian Press
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Canadian musician Jacob Hoggard is seeking leave to appeal his sexual assault conviction before Canada’s top court.

The Supreme Court of Canada website shows Hoggard filed a notice of application for leave to appeal earlier this week.

A lawyer representing Hoggard confirmed the application but declined to comment further.

Meanwhile, the Court of Appeal for Ontario says the Hedley frontman will be seeking bail at a hearing on Tuesday.

The Appeal Court upheld Hoggard’s conviction last month.

Hoggard’s lawyers had appealed on four grounds, including that the trial judge erred by admitting the evidence of clinical psychologist Lori Haskell on the neurobiology of trauma.

In a unanimous ruling, the court found the trial judge had erred in admitting the expert’s evidence in part because it risked being misused by the jury to reason backwards that the trial’s two complainants had experienced a sexual assault.

However, the judge corrected any potential misuse in answering the jury’s questions, and as a result, “there was no substantial wrong or miscarriage of justice,” the court found.

The court found the trial judge did not make any errors regarding the other grounds raised in the appeal.

Hoggard was found guilty in June 2022 of sexual assault causing bodily harm against an Ottawa woman, an offence the presiding judge called a “particularly degrading rape.”

He was also found not guilty of the same charge and of sexual interference, a charge that refers to the sexual touching of someone under 16, in relation to a teenage fan.

He was later sentenced to five years behind bars, but was released on bail hours later.

Hoggard began serving his sentence when his appeal was dismissed last month.

The musician, whose band rose to fame after he came in third on the reality show Canadian Idol in 2004, was charged in 2018.

Hedley went on an indefinite hiatus when allegations of sexual misconduct surfaced. Its last show was in Kelowna, B.C., on March 24, 2018.