The appellant appealed his conviction and 30-day sentence for failing to comply with a house arrest condition of his recognizance.
During a bail compliance check, police were informed by the surety and his wife that the appellant was not home, and the appellant did not present himself during the 35-minute visit.
The summary conviction appeal court upheld the trial judge's finding that the only reasonable inference from the circumstantial evidence was that the appellant was not home.
The court also found that the subjective mens rea requirement was met and that the 30-day custodial sentence was fit.
The appeal was dismissed.
