Supreme Court restores sex assault conviction against Prince Edward Island man

Ryan Ross rross@theguardian.pe.ca
Published on February 21, 2014
Supreme Court of Canada building
www.scc-csc.gc.ca

OTTAWA — A Kensington man will be heading to prison after the Supreme Court of Canada restored his sexual assault conviction.

Jeffery Lea Hogg was convicted in 2012 and later sentenced to 27 months in prison.

Hogg was found guilty of sexually assaulting a woman he met through the dating website Plenty of Fish.

The woman alleged Hogg raped her in the back of his truck while it was parked in a field.

Hogg appealed that conviction and two of three provincial appeals court judges agreed he should get a new trial because Justice Ben Taylor, who heard the original trial, erred in his application of the burden of proof.

The Crown appealed that decision to the Supreme Court of Canada in September on several grounds, including that the majority decision from the appeals court erred in its interpretation of precedent setting case law used by the courts.

Lawyers for Hogg and the Crown made their arguments Friday and in a rare ruling from the bench, the Supreme Court of Canada overturned the court of appeal decision and restored the original conviction.

Written reasons for the decision were not immediately released.

With files from The Canadian Press