Case # 35504
Her Majesty the Queen v. Jeffery Lea Hogg (February 21, 2014)
At issue is whether the trial judge misapplied the law with respect to the applicable burden of proof. The respondent was convicted of sexual assault. The trial judge found that he had sexual intercourse with the complainant without her consent in his truck in an isolated field in Charlottetown. The majority of the Court of Appeal allowed the respondent’s appeal from conviction and ordered a new trial. The majority of the Court of Appeal found that the trial judge made two errors with respect to his application of the burden of proof.