The Appeal Court last month upheld Hoggard’s conviction despite finding his trial should not have heard the evidence of a psychologist who testified on the neurobiology of trauma
Hoggard filed a notice of application for leave to appeal to the Supreme Court of Canada earlier this week, arguing the Court of Appeal for Ontario – which recently upheld his conviction – failed to apply the proper test in determining whether an error made by the trial judge constituted a “harmless error.”
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 backward that the trial’s two complainants had experienced a sexual assault. The court found the trial judge did not make any errors regarding the other grounds raised in the appeal.
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.Hoggard began serving his sentence when his appeal was dismissed last month.
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