The accused was charged with failing to attend court contrary to section 145(2)(b) of the Criminal Code after he failed to appear on the thirteenth day of his trial for unrelated criminal charges.
The Crown relied on circumstantial evidence to prove the accused's subjective intent not to appear.
The court found that the only reasonable inference to be drawn from the evidence was that the accused intended not to appear, as he had been present on the preceding trial day and never returned to court thereafter.
The accused was found guilty.
