Nottingham killer Valdo Calocane’s sentence was not ‘unduly lenient’, judges rule
The sentence given to Nottingham killer Valdo Calocane was not “unduly lenient”, senior judges have ruled.
Calocane, 32, was handed an indefinite hospital order for the manslaughter by reason of diminished responsibility of Grace O’Malley-Kumar, Barnaby Webber and Ian Coates, and the attempted murder of three others last June.
The attacker’s guilty pleas were accepted after medical evidence showed he has paranoid schizophrenia, with the judge at his sentencing saying he would be detained at a high-security hospital “very probably” for the rest of his life.
Valdo Calocane. Pic: PA
Attorney General Victoria Prentis referred the sentence to the Court of Appeal in February, arguing it was “unduly lenient”.
At a hearing last week, lawyers said Calocane should instead be given a “hybrid” life sentence, where he would first be treated for his paranoid schizophrenia before serving the remainder of his jail term in prison.
However, this was rejected in a ruling on Tuesday from the Lady Chief Justice Baroness Carr, Lord Justice Edis and Mr Justice Garnham at the Royal Courts of Justice in London.
In a summary of the Court of Appeal’s decision, Baroness Carr said: “There was no error in the approach adopted by the judge.
“The sentences imposed were not arguably unduly lenient.”
Grace O’Malley-Kumar, Barnaby Webber and Ian Coates were fatally stabbed by Valdo Calocane. Pics: Family handouts
She added: “It is impossible to read of the circumstances of this offending without the greatest possible sympathy for the victims of these terrible attacks, and their family and friends.
“The victim impact statements paint a graphic picture of the appalling effects of the offender’s conduct.
“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.”
Dr Sanjoy Kumar and Dr Sinead O’Malley, the parents of Ms O’Malley-Kumar, were in court for the ruling.
Dr Sanjoy Kumar and Dr Sinead O’Malley – the parents of Grace O’Malley-Kumar – attended today’s court hearing. Pic: PA
In a statement afterwards, Mr Webber’s mother Emma said today’s outcome “proves how utterly flawed and under-resourced” the criminal justice system is – and the need for urgent reforms to the UK’s homicide law.
She said: “The fact remains, despite the words of the judge, that almost 90% of people serving hospital orders are out within 10 years and 98% within 20 years. In effect, the families now face their own life sentence of ensuring the monster that is Valdo Calocane becomes the next Ian Brady or Fred West and is never released.
“Given the failed investigation carried out by Nottingham Police, the weak prosecution put forward by East Midlands CPS and the over-reliance on doctors’ reports, there was probably no other conclusion that could be made.”
She said the families’ “fight for justice” would continue, and called for a public inquiry.
“We do not and never will agree that the vicious, calculated and planned attacks carried out were that of an individual who was at zero level of capability,” she said.
“We have never disputed that he is mentally unwell; however, he knew what he was doing, he knew that it was wrong; but he did it anyway. There should be an element of punishment for such a heinous act; alongside appropriate treatment.”
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Calocane was sentenced at Nottingham Crown Court in January for the fatal stabbings of 19-year-old students Mr Webber and Ms O’Malley-Kumar and 65-year-old school caretaker Mr Coates in the early hours of 13 June last year.
After killing Mr Coates, Calocane stole his van and hit three pedestrians before being arrested.
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The victims’ families have consistently criticised Calocane’s sentence, with Mrs Webber saying in January that “true justice has not been served”, while Mr Coates’ son James said the killer had “got away with murder”.
At the hearing in London last Wednesday, Deanna Heer KC, representing the Attorney General’s Office, said Calocane’s “extreme” crimes warranted “the imposition of a sentence with a penal element, an element of punishment”.
But Peter Joyce KC, for Calocane, said that none of the offences would have been committed “but for the psychosis” and that imposing a hybrid order would mean he would be “punished for being mentally ill”.
The judges at the Court of Appeal could not examine or change the offences for which Calocane was sentenced and could not look at any new evidence related to the case.
Instead, they could only assess whether the sentence was unduly lenient based on the evidence before the sentencing judge at the time.
England and Scotland fans have found out where their World Cup group games will be played when the tournament kicks off in June.
England, who are in Group L, will begin their tournament against Croatia in Dallas at 4pm EST (9pm BST) on 17 June. They will then go on to face Ghana in Boston at 4pm EST (9pm BST) on 23 June and Panama in New Jersey, New York, at 5pm EST (10pm BST) on 27 June.
Scotland are in Group C, and their first match will be against Haiti in Boston at 9pm EST on 13 June (2am GMT the following morning).
They will go up against Morocco also in Boston at 6pm EST (11pm GMT) on 19 June and then Brazil in Miami at 6pm EST (11pm GMT) on 24 June.
Fans are expected to rush to sort their travel and accommodation plans now that they know where and when the matches take place.
Read more: Unapologetically political – a World Cup draw like no other
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England and Scotland learn World Cup fate
Wales and Northern Ireland have yet to find out if they will qualify.
Wales must face a play-off against Bosnia and Herzegovina in Cardiff, then either Italy or Northern Ireland, if they are victorious.
If they beat these play-off opponents, they will secure their place in Group B alongside Canada, Qatar and Switzerland.
However, Northern Ireland will also be vying to guarantee their spot in the same group if they can beat Italy and then either Wales or Bosnia and Herzegovina.
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World Cup 2026 – who England, Scotland, Wales, Northern Ireland and the Republic of Ireland will play
Scotland and England now know who they will face in the group stage of the next summer’s world cup.
But the fates of Northern Ireland, the Republic of Ireland and Wales won’t be determined until they compete in pre-tournament play-off matches in March.
England are in Group L along with Croatia, Panama and Ghana. Their first match will be against Croatia, who beat them in the semi-finals of the 2018 World Cup in Russia.
Pic: Reuters
Scotland’s first match will be against Haiti, in Group C.
Brazil and Morocco are the other Group C teams – both countries were also in the same opening group as Scotland in the 1998 World Cup in France.
Trump and Infantino at the World Cup draw
Wales have yet to find out if they will qualify as they must face a play-off against Bosnia and Herzegovina in Cardiff, and then either Italy or Northern Ireland, if they are victorious.
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If they can overcome these play-off opponents then they will secure their place in Group B along with Canada, Qatar and Switzerland. But Northern Ireland will also be vying and hoping to guarantee their spot in the same group if they can beat Italy and then either Wales or Bosnia and Herzegovina.
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‘Bring it on!’: Scotland fans react to World Cup draw
The Republic of Ireland also need to get through the play-offs first and are paired against the Czech Republic for their semi-final. Should Ireland win that match, they will need to beat either North Macedonia or Denmark to get to the finals where an opening group containing joint hosts Mexico, South Africa and South Korea awaits.
This was a World Cup draw like no other. Crafted less for the teams but for one man.
The choice of venue. The creation of a new trophy. The closing music act.
Donald Trump was lavished with the adulation he craves by FIFA President Gianni Infantino and feels others unfairly deny him.
Knowing how much being overlooked by the Nobel Committee hurt the US president, there was Mr Infantino with FIFA’s newly-created Peace Prize to hand over. And a medal for Mr Trump to wear.
“This is truly one of the great honours of my life,” he said. “And beyond awards, Gianni and I were discussing this. We saved millions and millions of lives.”
This was all on the stage in front of an audience who turned up to find out who they will be playing at the World Cup.
England handed an undaunting route past Croatia, Panama and Ghana. Scotland paired with newcomers Haiti before tricky reunions from their last men’s World Cup in 1998 against Brazil and Morocco.
Pic: Reuters
But the show before the draw could even begin – presided over by Rio Ferdinand – took almost as long as a football match, at 87 minutes after the noon kick-off was delayed.
There was a walk of self-promotion to complete – “I guess they have to wait” – before taking his seat in the Kennedy Center. Or the Trump Kennedy Center as the president takes to calling the venue picked 1.5 miles from the White House.
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England manager Thomas Tuchel reacts to draw
“It was falling apart,” he said, delaying the walk into the auditorium. “And now it’s, it’s pretty much back.”
Mr Infantino could only watch on, beaming, at his friend.
“We had a dead country,” Mr Trump went on, “and now we have the hottest country anywhere in the world”.
There was the awkwardness of being reminded, before receiving the peace accolade, about threats to launch military strikes on Venezuela to stop the drugs trade.
“I did settle eight wars, and we have a ninth coming,” he swatted away the question. “Which nobody’s ever done before. But I want to really save lives. I don’t need prizes.”
But FIFA knew how much he wanted more gold for the collection with the prize.
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What draw means for England, Scotland, Wales, Northern Ireland and Republic of Ireland
Donald Trump and FIFA president Gianni Infantino. Pic: Reuters
Pic: Reuters
And for all the mockery and disdain targeted at FIFA, how many sports would relish having the US president spend several hours attending a procedural event determining the placing of teams in groups for a tournament?
How many would dish out the same flattery to secure direct lines to the leader of the nation staging their championship?
Many have benefited from Mr Trump’s stardust and swagger being attached to this spectacle.
Even Port Vale’s most famous fan – Robbie Williams – secured a walk-on role, exceeding his profile this side of the Pond.
And the Village People are reaping the rewards of becoming the unlikeliest of Trump hype acts.
The festivities ended with eyes fixed back up to the presidential seating and the YMCA dance being performed.
This was an afternoon that dispelled any pretence that FIFA keeps a distance from politics. It was unapologetically political. But few speak out in the FIFA world as the redistributed wealth keeps rolling back in their direction.
It would be easy to forget this isn’t entirely America’s World Cup. They’re sharing hosting with Canada and Mexico.
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‘Bring it on!’: Scotland fans react to World Cup draw
And eventually the spotlight was ceded to their leaders – very briefly – as Mexican President Claudia Sheinbaum and Canadian Prime Minister Mark Carney drew out their countries’ names.
But it did live up to FIFA’s mantra that football can unite the world.
The neighbours were brought together here on a snowy day in Washington. And tensions – often stoked by Mr Trump with Canada and Mexico – thawed in the name of football.
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