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.
The families of the Nottingham victims have said the attacker “got away with murder” after an independent review found failings involved in his prior NHS care.
Valdo Calocane was allowed to avoid taking long-lasting antipsychotic medication because he did not like needles, the review found.
He also punched a police officer in the face and held his flatmates “hostage”.
Calocane, who had been diagnosed with paranoid schizophrenia, was sentenced to an indefinite hospital order after killing 19-year-old students Barnaby Webber and Grace O’Malley-Kumar, and 65-year-old caretaker Ian Coates, before attempting to kill three other people in June 2023.
Prosecutors accepted a plea of manslaughter after experts agreed his schizophrenia meant he wasn’t fully responsible for his actions.
Solicitor Neil Hudgell, acting on behalf of the families of the victims, said they will meet the government next week to discuss a statutory public inquiry.
Emma Webber said the families have had to fight for lessons to be learned
‘Make this trauma stop’
Emma Webber, mother of Barnaby, said at a press conference held by the families, that evidence of failures in dealing with her son’s killer would have been “brushed under the carpet” had it not been for campaigning by the victims’ families and that Calcone “got away with murder”.
“None of us should be here today. Anything and everything that could go wrong did,” she said.
“Barnaby, Ian and Grace would be here today if those concerned across these agencies had just done their job properly.”
Mrs Webber said the indefinite hospital order handed to Calocane represented an “enormous miscarriage of justice”.
“He knew what he was doing,” she said. “He serves no punishment for his crimes.”
She added it was “unfathomable” that the families have had to fight for lessons to be learned: “To the prime minister, and the rest of the government, make this trauma stop and make our fight stop.
“You have confirmed there will be a public inquiry, but agree the terms that we’ve been pleading for, make it statutory so all of the agencies, organisations, institutions and, vitally, individuals must… and will be compelled to attend, give evidence and tell the truth.”
Mrs Webber wants a meeting with Keir Starmer: “I do think it’s time now that we get the opportunity to meet with the prime minister,” she said.
Dr Sanjoy Kumar said the families are calling for a statutory public inquiry. Pic: PA
‘This is a watershed moment’
The father of Grace, Dr Sanjoy Kumar, said he will be asking the health secretary to order a mental health trust to hold individual doctors responsible for the failures in his daughter’s killer’s care.
Dr Kumar added: “He (Calocane) was sectioned four times. Four times. The psychiatrist failed to change his treatment four times.
“They failed to put provisions in the community to make sure he took his medication, ultimately irresponsibly discharging him into the community to do harm.
“For the loss of our beautiful, brave daughter, Grace, there must be change. This is a watershed moment.
“We demand a public inquiry with statutory powers, powers to compel witnesses to appear to account for their failures.
“We demand accountability and we will not stop until we get justice for the Nottingham attacks.
“A system is made out of individuals – if individuals are not held to account, systems will not change in our country.”
Pic: PA
‘Accountability is essential’
Grace’s mother, Dr Sinead O’Malley-Kumar, said there had been poor decision-making and “laziness” among health staff who treated her daughter’s killer.
“If any of them knew that Valdo Calocane was going to go out and share student accommodation with their children, I suspect their choices may have changed,” she said.
“Accountability on an individual level is essential.”
James Coates said Nottingham is not a safe area. Pic: PA
‘The city is a failure’
James Coates, the son of Ian Coates, claimed the people of Nottingham are not safe and he had lost his faith in the local mental health services.
He said: “I want to be proud but I can’t. The city, as a whole, is a failure.”
Talking about the city’s NHS services, he said: “If they take shortcuts, it puts people’s lives at risk.”
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Kay Burley has announced she is retiring from Sky News after 36 years at the broadcaster.
Closing her final show on the Sky News Breakfast programme, Burley said: “From a standing start to one of the most recognised and valued brands in global news, it’s been an honour and privilege to work with some of the best and hardest working teams in the business.
“News by its very nature is often devastating and together we’ve covered so many life-changing events – from the tragic death of Diana, the shocking terror attack of 9/11; the Asian Tsunami; the Concorde air disaster.
“But we’ve also enjoyed some wonderful high notes too, haven’t we – the thrill of London winning the chance to host the 2012 Olympics; a plethora of royal weddings; jubilees and who can forget days and days and DAYS waiting for royal babies to arrive at the Lindo Wing.
“But after over a million minutes of live TV news – more than anyone else in the world – its time for me to indulge in some of my other passions – including my love for travel.
“So, after covering 12 separate general elections – including Sir Keir Starmer’s victory last year – I am retiring from Sky News – let politicians of every party just rejoice at that news!
“Thank you for waking up and tuning in every morning. I can’t tell you how much I have appreciated your support over the last three and a half decades: You’re awesome.
“I will post more on my social media and hope to see you around. Please keep in touch.”
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Most memorable moments of Kay Burley’s Sky News career
The Breakfast team applauded at the end of the announcement
Burley was part of the team which launched Sky News in 1989.
She has covered major stories including the death of Diana, Princess of Wales. Her live coverage of 9/11 won Sky News a BAFTA award.
David Rhodes, executive chairman of Sky News, said: “With millions of minutes presenting live rolling news, Kay’s legacy in television journalism is unmatched, as is her commitment to Sky’s legacy. And I’m sure some MPs in Westminster will sleep easy knowing they won’t face her indomitable questioning in the mornings.”
He added: “We thank Kay for her huge contribution to Sky, to the art of the interview and to British journalism. And we wish her the best of luck.”
Former Sky News editor-at-large Adam Boulton posted on X: “The one and only Kay Burley announces she is leaving Sky News.
“Kay is unique, there are no other women of her background who have had such an impact on British News and current affairs. We have been friends and colleagues for forty years. Onward Kay I know it’s going to be exciting!”
Sky News’s political editor Beth Rigby said: “No one does live telly like Kay Burley. Our anchor woman for decades, Kay’s has been THE face of Sky News for as long as I can remember.”
Rigby added: “She’s been a trailblazer & inspiration to a whole generation of women. You’re one of a kind.”
Former Sky News journalist Simon McCoy shared an image on X from when he worked with Burley and wrote: “That’s how long she worked at Sky News!
“Wishing Kay Burley all the best for whatever comes next.”
Sky News business presenter Ian King posted on X: “It is impossible to overstate the achievements of my brilliant and supportive friend @KayBurley.
“No one in the world has clocked up as many hours of live television. No doubt politicians will be glad she is leaving – her loyal viewers will not.”
Good Morning Britain presenter Susanna Reid called Burley “a fierce advocate for viewers, a powerful interviewer and a supporter of women in television”.
Reid wrote on X: “That she gets her own #BreakingNews announcement is testament to @KayBurley impact on news journalism. A fierce advocate for viewers, a powerful interviewer and a supporter of women in television.
“She is going to be hugely missed from our screens. Good luck Kay.”
Former BBC Newsnight producer Sam McAlister said she was “devastated” by the “absolute icon” retiring from Sky News.
McAlister wrote on X: “Genuinely devastated to hear about @KayBurley leaving @SkyNews.
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“A sad day.”
A 15-year-old boy has been charged with murder after a teenager was stabbed to death at a school in Sheffield.
Harvey Willgoose, 15, died after being attacked at All Saints Catholic High School on Monday.
Police said he suffered “serious injuries” and despite the efforts of medics, died a short time after emergency services arrived.
Chris Hartley, deputy chief crown prosecutor for the Crown Prosecution Service Yorkshire and Humberside, said: “We have authorised South Yorkshire Police to charge a 15-year-old with murder in relation to the death of Harvey Willgoose, 15, at All Saints Catholic High School on 3 February.
“He has also been charged with possession of a bladed article and one count of affray.”
The boy will appear at Sheffield Youth Court later on Wednesday.
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In a statement released by police, Harvey’s family said their lives would “never be the same again” and they were “utterly heartbroken”.
“We have lost a beloved son, brother, grandson, cousin, nephew and most importantly, a best friend to all,” they said.
“Harvey will be forever known for being a caring, loving and funny young man. At this difficult time we ask you to please respect our privacy as we grieve as a family.”
Pic: Sophie Willgoose
Paying tribute, Harvey’s sister Sophie Willgoose said: “My heart is broken into a million pieces.”
She posted on Facebook: “I love you so much Harvey… Hug your loved ones a little tighter tonight cos I wish I could.”
All Saints Catholic High School described Harvey as an “immensely popular” student who had “a smile that would light up the room”.
“We are all struggling to process what has happened and our thoughts and prayers are with Harvey’s family and friends at this incredibly difficult time,” it said.
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