The accused was tried for breaching a probation order prohibiting him from being near his former mother-in-law.
The complainant alleged she recognized the accused, who was wearing a mask and hat, when he briefly entered the store where she worked.
The court found the Crown failed to prove the accused's identity beyond a reasonable doubt due to the frailties of the recognition evidence.
Furthermore, even if identity was proven, the Crown failed to establish the accused had subjective knowledge he was violating the condition, as it was a chance encounter and he left immediately.
The accused was acquitted.
