Convicted rapist denied release pending appeal

Ryan Ross
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A Kensington man who raped a woman he met through an online dating website will be staying in prison while he awaits an appeal of his conviction.

A Kensington man who raped a woman he met through an online dating website will be staying in prison while he awaits an appeal of his conviction.

Last week Jeffery Lea Hogg, 32, appeared before Justice John McQuaid seeking his release pending an appeal of his October conviction.

But in his decision released Wednesday, McQuaid denied the release saying Hogg didn't show his continued detention wasn't in the public interest.

Hogg has been in custody since Feb. 11 when he was sentenced to serve 27 months in prison.

The victim met Hogg through online dating website Plenty of Fish where he told her his name was Chris MacDonald.

He also went by the name Chris Diamond.

Hogg and the victim were supposed to go for a walk on the beach on their second date, but instead he drove to a field where they kissed and got into the back seat of his truck.

It was there that he raped her.

In his decision, McQuaid said he was satisfied the grounds for appeal were arguable and not frivolous, although he added that didn't mean the appeal would necessarily be successful.

McQuaid said Hogg had a family connection in the Kensington-Summerside area and he established it was likely he would surrender himself into custody if he was released and his appeal turned out to be unsuccessful.

But in order to be released, Hogg also had to show that his continued detention wasn't necessary for the protection of the public or maintaining the public's confidence in the administration of the justice system.

McQuaid said based on the information available to him after last week's hearing, the grounds of appeal in Hogg's case didn't meet the standard of raising a real concern about the verdict's accuracy.

The judge also said he was satisfied Hogg's detention wasn't necessary for the public's protection and even though Hogg was a regular user of dating websites, it didn't establish that he was a sexual predator.

However, McQuaid said Hogg's detention was necessary to maintain the public's confidence in the administration of justice.

McQuaid dismissed Hogg's appeal.

Hogg will serve his sentence at the Springhill Institution in Nova Scotia and has 30 days from when he receives a trial transcript to file the necessary appeal documents.

McQuaid said he expected the appeals court would be able to hear the appeal within the next two or three months.

The full judgment is available on the P.E.I. Supreme Court's website at www.gov.pe.ca/courts/supreme.

rross@theguardian.pe.ca

twitter.com/ryanrross

 

Organizations: Springhill Institution, P.E.I. Supreme Court

Geographic location: Kensington, Kensington-Summerside, Nova Scotia

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  • Charlotte
    March 14, 2013 - 09:21

    I am really shocked by Justice John McQuaid’s comment: "he was satisfied Hogg's detention wasn't necessary for the public's protection and even though Hogg was a regular user of dating websites, it didn't establish that he was a sexual predator.” Has anyone asked why Mr. Hogg is constantly online looking for his next challenge under his various handles on Plenty of Fish (POF)? Why he is unable to hold down a healthy relationship? Why does he have to cheat and lead a life of lies? I feel sorry for his family and his young son and all the women that he has hurt along the way. Mr. Hogg, if you’re really looking for true love on POF, then why not be real? Why lie to women about who you are, how old you are, what you own and what you do etc.? I truly hope you get the help you need. There is no point continuingly telling lies and leading the infamous life of Chris Diamond; be yourself! If the justice system was actually protecting the public’s interest, Mr. Hogg should be banned from the POF dating website for a lifetime and his blackberry should be restricted from accessing the site!

  • Susan W.
    March 13, 2013 - 22:59

    SUSAN W. they should lock you away like the filthy animal that you are, you would fit right in with this clown.

  • Susan W.
    March 13, 2013 - 20:39

    Fantastic decision Mr. Justice McQuaid. Keep the Thug in jail for a very long time.

  • clam
    March 13, 2013 - 12:48

    Finally a judge has come to his senses.This man was convicted of a sex crime and shouldn't be released unless found innocent.He was found guilty,so throw the book at him.He should be put in with the general public,and let him worry what will happen to him then.He had no respect for this person what so ever.I have no sympathy for either gender who could rape a person.Yes i'm also putting women in this also.

    • Agree
      March 13, 2013 - 15:53

      Yup I agree with u