CHARLOTTETOWN – 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.
