The accused was charged with failing to appear in court.
He had been released on a recognizance requiring him to reside at a rehab centre.
Upon arrival, he learned they did not accept clients on methadone, forcing him to undergo severe withdrawal.
He testified that due to the physical pain of withdrawal, he forgot his court date and left the centre to obtain drugs.
The court found his evidence raised a reasonable doubt regarding the requisite mens rea for the offence.
Additionally, the Information alleged a failure to appear on March 22, but the recognizance required appearance on March 21.
The court held this variance was material and could not be cured, as the date is an essential element of the actus reus.
The accused was acquitted.
