The P.E.I. Court of Appeal has overturned the conviction of an Island man accused of sexual assault.

Last October Jeffery Lea Hogg of Kensington was convicted of having non-consensual sex with a woman in the back seat of his truck.

The assault was alleged to have taken place in the summer of 2011, after the two met on an online dating website.

Hogg was sentenced to 27 months in prison.

In a 2-1 split decision, two justices with the Court of Appeal agreed the accused did not receive a trial based on correct legal principles, because the original trial judge did not properly apply the burden of proof.

The court has ordered a new trial be held.