Case information
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35504
Her Majesty the Queen v. Jeffery Lea Hogg
(Prince Edward Island) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-03-10 | Transcript received, (69 pages) | |
| 2014-03-03 | Appeal closed | |
| 2014-02-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-02-21 |
Judgment on the appeal rendered, CJ Cro Mo Ka Wa, The appeal from the judgment of the Prince Edward Island Court of Appeal, Number S1-CA-1261, 2013 PECA 11, dated August 2, 2013, was heard on February 21, 2014, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — We agree with the conclusion reached by McQuaid J.A., dissenting in the Court of Appeal, that the trial judge did not err in his application of the burden of proof, and there was therefore no basis for appellate intervention. The appeal is allowed and the conviction restored. Allowed |
|
| 2014-02-21 | General proceeding, Questionnaire following the hearing | Her Majesty the Queen |
| 2014-02-21 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Jeffery Lea Hogg |
| 2014-02-21 | Appellant's condensed book, (Book Form), Submitted in court (14 copies) | Her Majesty the Queen |
| 2014-02-21 |
Hearing of the appeal, 2014-02-21, CJ Cro Mo Ka Wa Judgment rendered |
|
| 2014-02-06 | Notice of appearance, Mitchell T. MacLeod will be present | Jeffery Lea Hogg |
| 2014-02-03 | Notice of appearance, Gerald K. Quinn, Q.C. will be present | Her Majesty the Queen |
| 2013-12-12 | Appeal perfected for hearing | |
| 2013-12-06 | Respondent's book of authorities, (Book Form), Completed on: 2013-12-06 | Jeffery Lea Hogg |
| 2013-12-06 | Respondent's factum, (Book Form), Completed on: 2013-12-06 | Jeffery Lea Hogg |
| 2013-11-25 | Notice of hearing sent to parties | |
| 2013-11-19 |
Appeal hearing scheduled, 2014-02-21, Early start 9:00 a.m. Judgment rendered |
|
| 2013-10-18 | Correspondence received from, Lea Hogg dated 2013-10-18. Re: Supreme Advocacy will be acting as agent | Jeffery Lea Hogg |
| 2013-10-16 | Appellant's book of authorities, (Book Form), 2 volumes, Completed on: 2013-10-16 | Her Majesty the Queen |
| 2013-10-16 | Appellant's record, (Book Form), Completed on: 2013-10-16 | Her Majesty the Queen |
| 2013-10-16 | Appellant's factum, (Book Form), CD to come (rec'd 2013-10-18), Completed on: 2013-10-21 | Her Majesty the Queen |
| 2013-10-15 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2013-09-03 | Notice of appeal, AMENDED Notice of Appeal filed 2013-10-09, Completed on: 2013-09-03 | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hogg, Jeffery Lea | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Gerald K. Quinn, Q.C.
197 Richmond Street
Charlottetowm, Prince Edward Island
C1A 1J3
Telephone: (902) 368-5076
FAX: (902) 368-5812
Email: gkquinn@gov.pe.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Hogg, Jeffery Lea
Counsel
45 Water Street
Charlottetown, Prince Edward Island
C1A 1A3
Telephone: (902) 569-1112
FAX: (902) 569-1114
Email: mmacleod@macleodlegal.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law - Sexual assault - Burden of proof - Whether the trial judge misapplied the law with respect to the applicable burden of proof - Whether the majority erred in its interpretation and analysis of R. v. W.(D.), [1994] 3 S.C.R. 521.
The respondent, Mr. Hogg, was convicted of sexual assault. The trial judge found that he had sexual intercourse with the complainant without her consent in the backseat of his truck in an isolated field in Charlottetown. The majority of the Court of Appeal allowed Mr. Hogg’s appeal from conviction and ordered a new trial. It found that the trial judge made two errors with respect to his application of the burden of proof: (1) after deciding that he did not believe Mr. Hogg’s testimony, he did not go on to analyze and consider whether that evidence nevertheless raised a reasonable doubt, and (2) he did not scrutinize the evidence adduced by the Crown to ensure that it was sufficiently credible and reliable to prove Mr. Hogg’s guilt beyond a reasonable doubt. McQuaid J.A., dissenting, would have dismissed the appeal on the basis that the trial judge properly assessed the evidence, correctly instructed himself on the burden of proof to be applied and properly applied that burden of proof.
Lower court rulings
Supreme Court of Prince Edward Island, Trial Division
S1GC939, 2012 PESC 30
Respondent convicted of sexual assault
Prince Edward Island Court of Appeal
S1-CA-1261, 2013 PECA 11
Appeal allowed; new trial ordered
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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