R v Oscar Castano-Coloque

R v Oscar Castano-Coloque

The minimum term imposed was manifestly excessive due to either excessive uplift for aggravating factors or inadequate reduction for mitigating factors; the appropriate minimum term is 24 years (less time spent on remand).

Source-derived case information.

Parties
Appellant: Oscar Castano-Coloque; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
04 January 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Murder, Sentencing, Aggravating and Mitigating Factors, Mental Disorder, Youth Offenders
Criminal Law Murder Sentencing Aggravating and Mitigating Factors Mental Disorder Youth Offenders

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Parties

Oscar Castano-Coloque

Appellant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term imposed for murder was manifestly excessive
  2. 2 Whether aggravating and mitigating factors were properly considered
  3. 3 Whether sentencing guidelines for mental disorder and youth were correctly applied

Ratio Decidendi

The minimum term imposed was manifestly excessive due to either excessive uplift for aggravating factors or inadequate reduction for mitigating factors; the appropriate minimum term is 24 years (less time spent on remand).

Court Disposition

appeal allowed in part

Orders

  • Minimum term for life imprisonment reduced to 24 years (less 355 days spent on remand)
  • All other aspects of sentence remain unchanged