COURT OF APPEAL FOR ONTARIO
Trotter, Zarnett and Copeland JJ.A.
BETWEEN
His Majesty the King
Respondent
and
Shane Codrington
Appellant
Stefan Rinas, for the appellant
Manasvin Goswami, for the respondent
Heard and rendered orally: July 2, 2026
On appeal from the sentence imposed by Justice Suhail A.Q. Akhtar of the Superior Court of Ontario on October 31, 2023, with reasons reported at 2023 ONSC 6352.
REASONS FOR DECISION
1The appellant was sentenced to 10 years’ imprisonment, less credit for presentence custody in the amount of 5 years and 5 months, for a horrendous sexual assault that was committed with another person. The appellant threatened the victim with an imitation firearm during the attack. The appellant appeals his sentence on the basis that the sentencing judge did not fairly weigh the aggravating and mitigating factors in this case. He also submits that the sentence was demonstrably unfit.
2In our view, the sentencing judge appropriately balanced the relevant aggravating and mitigating factors. We see no error in his analysis. Moreover, we do not agree that the sentence imposed was demonstrably unfit. However, with the consent of the Crown, we correct a calculation error to adjust the credit for presentence custody from 5 years and 5 months to 2,054 days.
3Accordingly, leave to appeal is granted, the appeal is allowed to the extent of adjusting credit for presentence custody, but the appeal from sentence is otherwise dismissed.
“Gary Trotter J.A.”
“B. Zarnett J.A.”
“J. Copeland J.A.”
1This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code, R.S.C. 1985, c. C-46.