Rv Calocane ~ application by Solicitor General refused

In the early hours of the morning of 13 June 2023, Valdo Calocane went out on the streets of Nottingham, having armed himself with knives. He attacked and killed Barnaby Webber and Grace O'Malley-Kumar, two students walking home from a night out. Just over an hour later, he attacked a school caretaker, Ian Coates, who was on his way to work, killed him and stole his van. He then drove to the city centre, where he deliberately drove the van, at speed, into another man, Wayne Birkett, causing him a serious brain injury. Minutes later he deliberately drove into two other victims, Sharon Miller and Marcin Gawronski, also causing serious injury. These were random attacks: none of his six victims were known to the offender.

On 28th November 2023, in the Crown Court at Nottingham, the offender pleaded guilty to three counts of manslaughter, and three counts of attempted murder.

On 24 January 2024, again at Nottingham Crown Court, the offender was sentenced by Turner J. The unanimous opinion of the medical experts retained by the prosecution and the defence was that the offender was suffering from paranoid schizophrenia at the time when he committed these offences. 

The judge sentenced the offender to

a hospital and restrictions order, pursuant to ss. 37 and 41 of the Mental Health Act 1983 ("the 1983 Act") ("a hospital and restrictions order"), for each offence, to run concurrently.

The Solicitor General sought leave to refer the sentences to the Court of Appeal (Criminal Division) under section 36 of the Criminal Justice Act 1988 on the basis that they are unduly lenient. 

It was argued that the overall seriousness of the case required the imposition of a life sentence of imprisonment with a hospital and limitation direction pursuant to s. 45A of the 1983 Act ("a hybrid order").

Conclusion

The Court (Lady Carr LCJ, Edis LJ and Garnham J) stated that ' this was a sensitive sentencing exercise that was not straightforward. But there was no error, in the approach adopted by the judge. His conclusion that, on the facts of this case, a penal element was unnecessary and the better protection of the public required a hospital and restrictions order, rather than a hybrid order, was one properly open to him. We do not consider it arguable that the resulting sentences were unduly lenient. We refuse leave.'

The court 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 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.'

Calocane, R. v [2024] EWCA Crim 490 (14 May 2024) (bailii.org)

Nottingham killer Valdo Calocane's sentence reviewed (youtube.com)

Valdo Calocane: What do we know about the Nottingham attacks killer? - BBC News