Nottingham killer’s sentence not unduly lenient, judges rule

Image source, Nottinghamshire Police

Image caption, Valdo Calocane was sentenced to a hospital order in January after admitting manslaughter

By Will Jefford

BBC News, Nottingham

The sentence of a man who stabbed three people to death in Nottingham was not unduly lenient, judges have ruled.

Valdo Calocane killed Barnaby Webber and Grace O’Malley-Kumar, both 19, and 65-year-old Ian Coates on 13 June 2023.

He was given an indefinite hospital order after prosecutors accepted a plea of manslaughter on the grounds of diminished responsibility.

Mr Webber’s mother, Emma Webber, said the Court of Appeal ruling came as “no surprise” to the victims’ families.

Image caption, Ian Coates, Barnaby Webber and Grace O’Malley-Kumar died at the scene of the attacks

Speaking at the hearing on Tuesday, Lady Chief Justice Baroness Carr concluded there was “no error” in the approach taken by Mr Justice Turner at Nottingham Crown Court in January.

She said Calocane was in the “grips of a severe psychotic episode” at the time.

Mr Justice Turner came to the “reasonable conclusion” that the aim of protecting the public would be best served by a hospital order, she added.

In a statement following the hearing, Mrs Webber said the ruling illustrated the need for “urgent reforms” in UK homicide law.

“Despite the fact that the attorney general herself feels that Valdo Calocane did not receive the appropriate sentence, today’s outcome proves how utterly flawed and under-resourced the criminal justice system in the UK is,” she said.

“So far, there have been no less than eight individual reports, reviews and investigations.

“We do not believe that there is any chance these can be cohesive enough to ensure a full and detailed outcome, and therefore call for a public inquiry.”

Image source, PA Media

Image caption, Dr Sanjoy Kumar, father of Grace O’Malley-Kumar, spoke on the steps outside the Court of Appeal on Tuesday

Dr Sanjoy Kumar, father of Ms O’Malley-Kumar, said the attacks were “entirely preventable”.

“It is the missed multiple opportunities to prevent the Nottingham attacks and the murder of our children and Ian Coates, is what has led us here today,” he said.

“We will continue to pursue agencies that failed us and hold them responsible for the Nottingham attacks so that no other family is made to suffer like ours.”

Calocane, 32, had been diagnosed with treatment-resistant paranoid schizophrenia before the attacks.

In addition to killing Mr Webber, Ms O’Malley-Kumar and Mr Coates, Calocane stole Mr Coates’s van and used it to drive at three pedestrians, who were all left seriously injured.

The review into the sentence, launched by the attorney general, was held by the Lady Chief Justice of England and Wales, Lord Justice Edis and Mr Justice Garnham.

Analysis

By Dominic Casciani, BBC News home and legal correspondent

In short, the Court of Appeal said there was no legal reason why they should interfere with the sentence that the trial judge in Nottingham handed down to Valdo Calocane in January.

It’s very difficult for a sentence in the criminal court to be overturned by the Court of Appeal.

It’s not just a simple case of the judges having a look at the evidence for themselves and coming to a different conclusion.

The court has to be satisfied that the judge fell into “gross error” – that somehow the judge completely missed something that was critical in the case.

During the short ruling this morning, Baroness Carr made very clear that when the trial judge looked at the evidence of what happened on that appalling day last June, that there was no dispute that Calocane was in the midst of an acute episode of psychosis.

In summing up their conclusion, Baroness Carr said: “Had the offender not suffered the mental condition that he did, the sentencing judge would doubtless have been considering a whole life term.

“But neither the judge nor this court can ignore the medical evidence as to the offender’s condition which led to these dreadful events or the threat to public safety which the offender continues to pose.”

During the hearing, Calocane watched on from a unit in Ashworth High Secure Hospital.

He did not respond when asked to confirm he could hear the ruling – but a member of hospital staff indicated that the judgement could be heard via the video link.

Deanna Heer KC, representing the attorney general’s office, had previously argued Calocane should have received a hospital and limitation direction, through which he would be treated in hospital before being transferred to prison.

While not criticising the approach of the original sentencing judge, she said psychiatrists who gave evidence to the court had not commented on the need for custodial action.