Sex assault case heads to Supreme Court of Canada

A case involving the overturning of a sexual assault conviction against a P.E.I. man will be heard before the Supreme Court of Canada next month in Ottawa.

The court decision could affect how judges across the country handle testimony from people accused of crimes and how sex assaults on P.E.I. are prosecuted.

Jeffrey Lea Hogg of Kensington was convicted two years ago of sexual assault against a woman he met online.

The judge in that case ruled he did not believe Hogg's testimony that the sex was consensual.

But a year later, Hogg's conviction was overturned.

The P.E.I. Court of Appeal ruled the judge in Hogg's case erred by not properly evaluating testimony.

Next month, the Supreme Court of Canada will weigh in.

P.E.I. Crown prosecutor Gerald Quinn will ask Canada's highest court to uphold Hogg's conviction.

Rights of the accused

Quinn is expected to argue the P.E.I. Court of Appeal is misinterpreting a landmark ruling made 20 years ago by the Supreme Court of Canada.

Over the past two decades, that ruling has played a role in at least 11 cases in P.E.I. where convictions were overturned.

Charlottetown defence lawyer Mitchell MacLeod will represent Hogg at the hearing.

MacLeod told CBC News this case is about the rights of the accused and how judges shouldn't let what he calls the "demeanor and deportment of an accused" sway the evaluation of testimony.

Hogg will get a new trial if the defence wins its case,

If the Crown prosecutor succeeds, Hogg's 27-month prison sentence stands.

The Supreme Court of Canada will hear arguments Feb. 21.