Canadian musician Jacob Hoggard arrives at court for his sentencing hearing in Toronto on Thursday, Oct. 6, 2022. A justice with Ontario's Appeal Court has dismissed an application for bail from Canadian musician Hoggard as he tries to appeal his sexual assault conviction at the country's top court. THE CANADIAN PRESS/Alex Lupul
TORONTO – A justice with Ontario’s Appeal Court has dismissed an application for bail from Canadian musician Jacob Hoggard as he tries to appeal his sexual assault conviction at the country’s top court.
Justice Jill Copeland heard arguments at a bail hearing for Hoggard earlier this week, not long after the Hedley frontman began serving his five-year sentence.
Hoggard, who was found guilty in June 2022 of sexual assault causing bodily harm against an Ottawa woman, filed an application last week for leave to appeal to the Supreme Court and sought bail at Ontario’s Appeal Court.
His application to the Supreme Court argues that the Appeal Court ““ 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.”
Copeland says at this stage, where Hoggard’s conviction has been unanimously affirmed by the Appeal Court and it “appears unlikely” he will be granted leave to appeal by the Supreme Court, she is satisfied that the public interest in enforcing the musician’s sentence outweighs his interest in a second review of his conviction.
She says that if the Supreme Court grants leave to appeal, a reassessment of Hoggard’s bail status may be warranted.
This report by The Canadian Press was first published Sept. 13, 2024.