header-logo header-logo

15 May 2024
Issue: 8071 / Categories: Legal News , Criminal , In Court
printer mail-detail

Nottingham attacker’s sentence upheld

The sentencing of Valdo Calocane to a hospital and restrictions order, rather than imprisonment, was not unduly lenient, the Lady Chief Justice and two judges have held

Calocane, 32, killed two students, Barnaby Webber and Grace O’Malley-Kumar, in Nottingham in June 2023, then attacked and killed Ian Coates and stole his van, which he deliberately drove at speed into another man, Wayne Birkett, causing serious brain injury, and two other victims, Sharon Miller and Marcin Gawronski, causing serious injury. All were random attacks.

Psychiatric experts agreed Calocane was suffering from treatment-resistant paranoid schizophrenia and would not have perpetrated the acts if he had not been experiencing acute psychosis.

The Solicitor General referred the case, arguing the judge failed to reflect multiple aggravating features, take sufficient account of the harm caused and of evidence the offender’s culpability was not extinguished by his mental illness, and was wrong not to include a penal element in the sentence.

Handing down judgment this week, in R v Calocane [2024] EWCA Crim 490, however, Lady Carr held the judge made no error of principle in his approach. Expressing deep sympathy for the victims of the attack, Lady Carr said: ‘Here, as the judge plainly recognised, the consequences of the offending were of the greatest seriousness.

‘But, as the expert evidence made clear, the offender’s mental condition was such that the level of responsibility he retained for that offending lay at the lower end of the scale.’

Lady Carr said: ‘The key factor in a case like this, when deciding whether or not a penal element is required, is the strength of the link between the offender’s impairment and the offending in question.’

She said the offence ‘would not have taken place but for the offender’s schizophrenia.’

Issue: 8071 / Categories: Legal News , Criminal , In Court
printer mail-details

MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
back-to-top-scroll