Convicted again
Man who won appeal of sexual assault convictions found guilty after retrial
Peter Jacob Enoil Hoyles has been convicted for a second time of sexually assaulting a 14-year-old girl in 2011.
After a trial, the 36-year-old man from Cormack had first been found guilty in January 2014 of assaulting the girl twice within a short span of time in late summer 2011. He was convicted in the Supreme Court of Newfoundland and Labrador of two counts of sexual assault, two counts of sexual interference and one count of uttering threats.
Hoyles appealed that decision of guilt rendered by Justice David Hurley, arguing Hurley’s decision never referenced the defence’s side of the story.
A panel of judges granted the appeal, but did not acquit Hoyles. Instead, a retrial was ordered.
That trial took place in September, and Justice Brian Furey delivered his decision on the matter Friday. Furey found Hoyles guilty of all five charges.
The charges stem from two incidents, which were similar. On both occasions, Hoyles picked up the girl as she walked down the street and drove her to a secluded location where he forced himself on her and had sex with her.
The girl said she got in the truck on the second occasion because Hoyles, who was a friend of her family’s, had threatened to harm her after first threatening to do harm to her family or friends.
Hoyles had been sentenced to three years in prison when he was first convicted. Before the case was prosecuted, he was charged and convicted of another sexual assault involving another underage girl in 2013. That incident, which involved a 13-year-old girl, also led to a breach of a court order charge against Hoyles, which he was also found guilty of.
He was given three years in prison for that crime, too, but was granted 536 days of time served.
Hoyles, who is still serving his prison sentence, appeared via video from a correctional centre Friday.
The latest matters will be brought back to Supreme Court for submissions on sentencing Dec. 8.
The lengthy wait for sentencing is so the defence can have enough time to prepare a presentence report on Hoyles.