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.
Image: 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.”
Image: 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.
Image: 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.”
Follow Sky News on WhatsApp
Keep up with all the latest news from the UK and around the world by following Sky News
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.
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.
Police investigating a fire at a north London house owned by Prime Minister Sir Keir Starmer are also looking into whether it is linked to two other recent blazes.
The Metropolitan Police said on Monday evening that detectives are checking a vehicle fire in NW5 last week and a fire at the entrance of a property in N7 on Sunday to see whether they are connected to the fire at Sir Keir Starmer’s house in the early hours of Monday morning.
The prime minister is understood to still own the home and used to live there before he and his family moved into 10 Downing Street after Labour won last year’s general election. It is believed the property is being rented out.
Counter-terrorism police are leading the investigation as a precaution, the Met said.
The blaze damaged the entrance to the house, but there were no injuries, the force said.
Image: The entrance to the house was damaged by the fire. Pic: LNP
Image: Counter-terror police are leading the investigation. Pic: LNP
A statement from the Metropolitan Police said: “On Monday 12 May at 1.35am, police were alerted by the London Fire Brigade to reports of a fire at a residential address.
More on Sir Keir Starmer
Related Topics:
“Officers attended the scene. Damage was caused to the property’s entrance, nobody was hurt.
“As a precaution and due to the property having previous connections with a high-profile public figure, officers from the Met’s Counter Terrorism Command are leading the investigation into this fire. Enquiries are ongoing to establish the potential cause of the fire.”
A police cordon and officers, as well as investigators from London Fire Brigade, could be seen outside and at one point, part of the street was cordoned off to all vehicles.
London Fire Brigade said firefighters were called just after 1am, and the blaze was out within half an hour. It described the incident as “a small fire outside a property”.
Image: Pic: PA
Image: Emergency services were deployed to the scene in north London. Pic: PA
Sir Keir expressed his gratitude to the police and fire services via his official spokesman, who said: “I can only say that the prime minister thanks the emergency services for their work, and it is subject to a live investigation. So I can’t comment any further.”
He did not clarify how far he wants figures to fall, only saying numbers will come down “substantially” as he set out plans in the government’s Immigration White Paper, including banning care homes from hiring overseas.
A power outage caused major travel disruption on London’s Tube network on Monday, stretching into rush hour.
The Elizabeth, Bakerloo, Jubilee and Northern lines were among the routes either suspended or delayed, with several stations closed and passengers forced to evacuate.
A spokesman for Transport for London (TfL) said there was an outage in southwest London for “a matter of minutes” and “everything shut down”.
National Grid confirmed a fault on its transmission network, which was resolved in “seconds”, but led to a “voltage dip” that affected some supplies.
The London Fire Brigade said the fault caused a fire at an electrical substation in Maida Vale, and it’s understood firefighters destroyed three metres of high-voltage cabling.
Image: The scene in Piccadilly Circus as passengers were evacuated
That came just weeks after a fire at the same substation, which saw elderly and vulnerable residents among those moved from their homes.
But today’s fire – between Cunningham Place and Aberdeen Place – is understood to have involved different equipment to the parts in the 29 April incident.
Datawrapper
This content is provided by Datawrapper, which may be using cookies and other technologies.
To show you this content, we need your permission to use cookies.
You can use the buttons below to amend your preferences to enable Datawrapper cookies or to allow those cookies just once.
You can change your settings at any time via the Privacy Options.
Unfortunately we have been unable to verify if you have consented to Datawrapper cookies.
To view this content you can use the button below to allow Datawrapper cookies for this session only.
TfL’s chief operating officer Claire Mann apologised for the disruption, adding: “Due to a brief interruption of the power supply to our network, several lines lost power for a short period earlier this afternoon.”
Passengers told Sky News of the disruption’s impact on their plans, with one claiming he would have had to spend £140 for a replacement ticket after missing his train.
He said he will miss a business meeting on Tuesday morning in Plymouth as a result.
Another said she walked to five different stations on Monday, only to find each was closed when she arrived.
“Supermax” jails could be built to house the most dangerous offenders following a spate of alleged attacks on staff, the prisons minister has said.
James Timpson told the Politics Hub with Sophy Ridge that “we shouldn’t rule anything out” when asked if the most dangerous criminals should be placed in top security prisons.
It comes after Southport triple killer Axel Rudakubana allegedly threw boiling water from a kettle at an officer at HMP Belmarsh on Thursday. Police are now investigating.
Speaking from HMP Preston for a special programme of the Politics Hub, Mr Timpson told Sophy Ridge: “We inherited a complete mess in the prison system.
“Violence is up, assaults on staff is up. But for me, we shouldn’t rule anything out.”
More on Prisons
Related Topics:
He added: “What we need to do is to speak to our staff. They’re the experts at dealing with these offenders day in, day out. “
Mr Timpson – who was the chief executive of Timpson Group before he was appointed prisons minister last year – said the violence in prisons was “too high”.
Please use Chrome browser for a more accessible video player
1:06
Are we sending too many people to prison?
He continued: “The number of people when you have prisons are so full, and the people in there are not going to education or into purposeful activity.
“You get more violence and that is totally unacceptable. Our staff turn up to work to help turn people.
“They want to turn people’s lives around. They didn’t turn up to work to get assaulted. It’s totally unacceptable.”
Reflecting on the crisis facing the UK prison system ahead of the government’s sentencing review, Mr Timpson said a major problem was the high rate of reoffending, saying “80% of offending is reoffending”.
He said people were leaving places like HMP Preston “addicted to drugs, nowhere to live, mental health problems – and that’s why they keep coming back”.
Asked whether every prison had a drugs issue, he replied: “100%.”
“If we want to keep the public safe, we need to do a lot more of the work in here and in the community. But also we need to build more prisons.”
Put to him that making more use of community sentences – thought to be one of the recommendations in the government’s sentencing review – might be considered a “cushy option” compared to a custodial sentence, Mr Timpson said: “There are some people in this prison tonight who would prefer to be in prison than do a community sentence – but that’s not everybody.
“Community sentences need to be tough punishments outside of prison, not just to help them address their offending behaviour, but also the victims need to see punishments being done too and for me, technology has a big part to play in the future.”