The 32-year-old was originally given an indefinite hospital order after admitting manslaughter on the basis of diminished responsibility.
The family of one of Nottingham triple killer Valdo Calocane’s victims vowed to continue their ‘fight for justice’ after appeal judges refused to change his sentence.
The 32-year-old stabbed students Barnaby Webber and Grace O’Malley-Kumar, both 19, to death before knifing 65-year-old school caretaker Ian Coates in June last year. He was given an indefinite hospital order after admitting manslaughter on the basis of diminished responsibility.
Lawyers told the Court of Appeal he should have got a ‘hybrid’ life sentence in which he would first be treated for his paranoid schizophrenia before serving the remainder of his jail term in prison.
But three senior judges dismissed the bid on Tuesday, stating that while Calocane’s offences caused ‘unimaginable grief’, his sentence was not unduly lenient as his behaviour was ‘entirely driven’ by his paranoid schizophrenia.
Calocane, who attended via a video link from Ashworth high-security hospital near Liverpool, did not react as the judges gave their decision.
Giving their judgment, the Lady Chief Justice Baroness Carr said: ‘The offences understandably caused shock and concern throughout the country and beyond and unimaginable grief to the victims’ families and friends.’
But she said the psychiatric experts agreed that the offender was suffering from treatment resistant paranoid schizophrenia, adding: ‘The experts agreed that had he not been experiencing symptoms of acute psychosis he would have perpetrated the acts. He was entirely driven by the psychotic process.
‘All the medical experts agreed that a hospital order with restrictions was appropriate and that a life sentence of imprisonment with a hospital and limitation order – known as a “hybrid” order – would not provide the public with the same level of public protection.’
She went on: ‘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.’
The families of the victims criticised the sentence, with Mr Webber’s mother, Emma, telling reporters outside court that ‘true justice has not been served today’.
In a statement, she said the ruling ‘came as no surprise’ and proves how ‘utterly flawed and under-resourced’ the criminal justice system is and ‘illustrates the need for urgent reforms in the UK homicide law’.
‘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,’ she said.
‘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.’
She added: ‘There are many, many more serious questions that the families will now continue to fight to get answered.
‘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.’
Calocane fatally stabbed 19-year-old university students Mr Webber and Ms O’Malley-Kumar as they walked home from a night out in the early hours of June 13 last year, before killing Mr Coates and stealing his van.
He then used the vehicle to knock down three pedestrians, Wayne Birkett, Marcin Gawronski and Sharon Miller, in Nottingham city centre before being arrested.
Prosecutors accepted his not guilty pleas to murder at his sentencing at Nottingham Crown Court in January after multiple medical experts concluded he had paranoid schizophrenia.
Sentencing judge Mr Justice Turner told Calocane that his ‘sickening crimes’ meant he would be detained indefinitely in a high-security hospital ‘very probably for the rest of your life’.
He also ruled that Calocane should be subject to further restrictions if ever discharged from hospital, which would need to be approved by the Justice Secretary.
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