Kevin Rawluk

The appellant appealed his convictions and global sentence of eight years for sexual offences against three adolescent women.

The appellant argued the trial judge erred in admitting the testimony of each complainant as similar fact evidence across counts, specifically regarding the finding that accidental tainting had not occurred.

The Court of Appeal found no error in the trial judge's analysis, noting that the core allegations differed meaningfully and could not be the product of accidental tainting.

The sentence appeal was also dismissed, as the eight-year global sentence was fit given the breach of trust and vulnerability of the victims.

The appellant appealed his total sentence of 76 months for sexual exploitation, making child pornography, and voyeurism involving a 17-year-old complainant and multiple other victims secretly recorded in his home.

The appellant argued the trial judge erred by imposing a consecutive sentence for child pornography, treating elements of the offences as aggravating factors, and providing insufficient credit for harsh pre-sentence custody conditions.

The Court of Appeal dismissed the appeal, finding the overall sentence fit under the totality principle and noting the trial judge's discretionary decisions were entitled to deference.

The appellant appealed his convictions for possession of a firearm, arguing the trial judge erred by not excluding the firearm evidence under s. 24(2) of the Charter after finding a s. 8 breach from a facially invalid search warrant.

The Court of Appeal found no error in the trial judge's application of the Grant framework, noting the breach was deemed the product of sloppiness rather than bad faith.

The appeal was dismissed, with the court deferring to the trial judge's balancing of the factors.