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Jury begins deliberations in Jacob Hoggard's sexual assault trial

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HAILEYBURY, Ont. -

-- WARNING -- The following details of the sexual assault case may be disturbing, discretion is advised.

Jurors have begun their deliberations in the sexual assault trial of Canadian musician Jacob Hoggard.

Hoggard, 40, has pleaded not guilty to sexual assault in an incident alleged to have taken place on June 25, 2016, in Kirkland Lake, Ont.

Both the Crown and defence agree that a sexual encounter took place in Hoggard's hotel room that night after a concert and bonfire after-party, meaning the case has centred on the question of consent.

The complainant, who was 19 at the time, says Hoggard raped, choked, hit and urinated on her, and called her names like "dirty little piggy."

Hoggard says they had a consensual one-night stand after flirting and kissing during the night.

In his final instructions today, Ontario Superior Court Justice Robin Tremblay told jurors that in order to find Hoggard guilty, they must believe beyond a reasonable doubt that the complainant did not consent to the specific sexual activity she said occurred, and that Hoggard knew she did not consent.

Ontario Superior Court Justice Robin Tremblay laid out the legal principles jurors must apply as they consider the evidence heard in the nearly two-week trial.

Jurors, consisting of three men and nine women, were sent to start deliberations shortly before 1 p.m. Oct. 4.

Lawyers for the Crown and the defence each made a final pitch to the jury on Thursday.

The complainant and the singer both took the stand during the trial. The woman, whose identity is protected under a standard publication ban, was the Crown's only witness.

Defence lawyers for the singer suggested Thursday the woman lied about the nature of the encounter to cover up her infidelity and maintain the support of those around her.

They further argued her account of what happened that night was rife with inconsistencies, with several details changing over time.

Prosecutors argued the woman had no reason to lie, noting there was no evidence the people in her life were aware of the incident, aside from a cousin who accompanied her to the concert.

The Crown disputed some of the alleged inaccuracies in her testimony, including details about the vehicle she rode in on her way to the bonfire.

Prosecutor Peter Keen acknowledged there were some inconsistencies on "peripheral details" of her account but argued she remained "unshaken" on the core elements of her allegations.

Most of this report by The Canadian Press was first published Oct. 4, 2024.

Background

Hoggard was charged in 2022 with sexual assault in relation to an incident that allegedly occurred in Kirkland Lake, Ont., on June 25, 2016.

He performed with his band Hedley at the Kirkland Lake Homecoming festival the day before the alleged incident.

Superior Court Justice Robin Tremblay is presiding over the trial at the Haileybury courthouse in Temiskaming Shores.

The trial is expected to last seven days, but two weeks have been set aside.

Hoggard is being defended by attorneys Megan Savard and Kally Ho.

Throughout the proceedings, the accused can be seen sitting at a table next to his legal team wearing a black suit, white dress shirt and black tie.

He pleaded not guilty to the charge against him Monday.

The case is being prosecuted by Assistant Crown Attorney Peter Keen and Crown Attorney Lilly Gates.

Hoggard was the lead singer of the rock band Hedley until 2018 when the band announced it went into an indefinite hiatus.

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