The provincial Crown is taking a sexual assault case all the way to the Supreme Court of Canada after the P.E.I. appeals court overturned a lower court's conviction.
Jeffrey Lea Hogg was found guilty in February of sexual assaulting a woman he met through dating website Plenty of Fish.
He appealed that conviction and in a decision released last month, two of three provincial appeals court judges agreed he should get a new trial because the trial judge erred in his application of the burden of proof.
The Crown filed a notice of appeal of that decision with the Supreme Court of Canada Tuesday.
It was filed on three grounds for appeal, including whether the reasons the trial issued gave rise to an error of law and whether the reasons the trial judge issued misapplied the law with respect to the burden of proof.
The third ground was whether the majority decision from the appeals judges erred in its interpretation and analysis required by a precedent setting case law used by the courts.
No date has been set for when the Supreme Court of Canada will review the appeal.