Decisions of the Court of Appeal

COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Darteh, 2025 ONCA 749[1]

DATE: 20251104

DOCKET: COA-25-CR-0303

Miller, Paciocco and Favreau JJ.A.

BETWEEN

His Majesty the King

Respondent

and

Ohene Darteh

Appellant

Ohene Dareh, appearing in person

Jeff Marshman, appearing as duty counsel

Étienne Lacombe, for the respondent

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.

“B.W. Miller J.A.”

“David M. Paciocco J.A.”

“L. Favreau J.A.”