The Robichaud Report

Ep.10: Hoggard’s Appeal Dismissed—Expert Evidence on Trauma Rejected


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In this episode, I read and then examine the high-profile appeal of Jacob Hoggard, the former lead singer of Hedley, who was convicted of sexual assault causing bodily harm. The Ontario Court of Appeal was tasked with deciding whether the trial judge erred by allowing expert testimony on trauma's impact on memory and behavior. The court considered whether this evidence was necessary to dispel myths about victim behavior or if it improperly influenced the jury. Ultimately, the Court of Appeal determined that expert evidence on the neurobiology of trauma was unnecessary and should have been addressed with a jury caution instead. However, Hoggard's appeal was dismissed, as the trial judge had corrected any potential jury confusion with a clear, corrective instruction in response to their questions.

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The Robichaud ReportBy Sean Robichaud