The Crown appealed the accused's acquittal on charges of failing to comply with a probation order and breaching a prohibition order relating to children.
The accused, who was subject to an order prohibiting him from attending public swimming areas where children might be present, went swimming in his condominium complex's pool.
The trial judge acquitted him, finding the pool was not a 'public swimming area'.
The Court of Appeal allowed the appeal, holding that the pool, which was accessible to 8,000 residents and outside members, fell within the definition of a public place.
The acquittals were set aside and a new trial was ordered.
