Court Information
Court of Appeal for Ontario
Date: 2025-11-04
Docket: COA-25-CR-0303
Judges: Miller, Paciocco and Favreau JJ.A.
Parties
Between
His Majesty the King Respondent
and
Ohene Darteh Appellant
Representation
Ohene Darteh, appearing in person
Jeff Marshman, appearing as duty counsel
Étienne Lacombe, for the respondent
Hearing and Appeal
Heard and rendered orally: November 3, 2025
On appeal from: the sentence imposed by Justice Irving W. Andre of the Superior Court of Justice, on August 28, 2024.
Reasons for Decision
[1] Mr. Darteh, who received 3:1 credit for his presentence custody, appeals the 9-year global sentence that was imposed on the ground that the trial judge did not give him adequate credit for his presentence custody, given the hardship of serving this time.
[2] Although the trial judge accepted Mr. Darteh's account of the hardship he endured and gave him 3:1 credit, duty counsel submits that the trial judge may have misapprehended Mr. Darteh's primary submission for a time served sentence.
[3] We find no error that would permit us to interfere.
[4] The trial judge, whose decision is entitled to deference, provided Mr. Darteh with significant credit for the hardship he had endured in presentence custody. He rejected the time served sentence because he found a 9-year global sentence to be fit given the seriousness of the offences and Mr. Darteh's degree of responsibility.
[5] The appeal is dismissed.
Signatures
B.W. Miller J.A.
David M. Paciocco J.A.
L. Favreau J.A.
Publication Ban Notice
[1] This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code, R.S.C. 1985, c. C-46.