Now, the provincial Crown wants the Supreme Court of Newfoundland and Labrador justice who convicted him on retrial to consider a longer sentence.
Hoyles, 36, of Cormack was found guilty of assaulting the girl twice in the summer of 2011, and in January 2014.
On both occasions, Hoyles picked up the girl in his car as she walked down the street and drove her to a secluded location where he forced himself on her and had sex with her.
He successfully appealed the three-year conviction rendered by Justice David Hurley and a retrial was ordered.
Justice Brian Furey heard the second trial in the Supreme Court of Newfoundland and Labrador in Corner Brook in September and entered a conviction on two counts of sexual assault and one count of uttering threats to cause death or bodily harm.
During a sentencing hearing on Thursday, Crown attorney Brenda Duffy suggested a sentence of four years for the assaults and 60 days for the uttering threats charge, to run concurrent to the four years.
She said the sentence handed down by Hurley at the first trial was not a fit one and argued that Furey has the discretion to impose a greater sentence.
She also noted that there are new factors for the court to consider as Hoyles had subsequently been convicted and sentenced on another sexual assault.
That incident occurred in 2013 and involved a 13-year-old girl. Hoyles was sentenced to three years in prison in November 2015, but was granted 536 days credit for time served.
Hoyles’s lawyer, Jonathan Reagan, argued Hurley’s original sentence was not unreasonable. Reagan suggested a sentence of three years as a starting point, saying the court could redirect that to something less than two years to reflect the time already spent in custody.
He said only with great caution should a judge go back and change an original sentence.
Hoyles appeared Thursday via video from the correctional centre in Bishops Falls, however, he will be present in the court in Corner Brook on Feb. 17 when Furey gives his decision.
Now, the provincial Crown wants the Supreme Court of Newfoundland and Labrador justice who convicted him on retrial to consider a longer sentence.
Hoyles, 36, of Cormack was found guilty of assaulting the girl twice in the summer of 2011, and in January 2014.
On both occasions, Hoyles picked up the girl in his car as she walked down the street and drove her to a secluded location where he forced himself on her and had sex with her.
He successfully appealed the three-year conviction rendered by Justice David Hurley and a retrial was ordered.
Justice Brian Furey heard the second trial in the Supreme Court of Newfoundland and Labrador in Corner Brook in September and entered a conviction on two counts of sexual assault and one count of uttering threats to cause death or bodily harm.
During a sentencing hearing on Thursday, Crown attorney Brenda Duffy suggested a sentence of four years for the assaults and 60 days for the uttering threats charge, to run concurrent to the four years.
She said the sentence handed down by Hurley at the first trial was not a fit one and argued that Furey has the discretion to impose a greater sentence.
She also noted that there are new factors for the court to consider as Hoyles had subsequently been convicted and sentenced on another sexual assault.
That incident occurred in 2013 and involved a 13-year-old girl. Hoyles was sentenced to three years in prison in November 2015, but was granted 536 days credit for time served.
Hoyles’s lawyer, Jonathan Reagan, argued Hurley’s original sentence was not unreasonable. Reagan suggested a sentence of three years as a starting point, saying the court could redirect that to something less than two years to reflect the time already spent in custody.
He said only with great caution should a judge go back and change an original sentence.
Hoyles appeared Thursday via video from the correctional centre in Bishops Falls, however, he will be present in the court in Corner Brook on Feb. 17 when Furey gives his decision.
