Nicholas Prosper's sentence is already being challenged (Image: Bedfordshire Police/AFP via Gett)
The prison sentence handed to a teenager who killed his mother and siblings before planning to carry out the deadliest school shooting in history is already being challenged, the Daily Express can reveal.
Nicholas Prosper, 19, killed his mother Juliana Falcon, 48, and siblings Giselle, 13, and Kyle, 16 and was only prevented from killing more than 30 pupils and their teachers at his former primary school when his family intervened on Sept 13 last year.
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He was today jailed for a minimum of 49 years after a judge said he was not handed a whole life order partly because he was 18 at the time of the attacks.
But the sentence has already been referred to the Unduly Lenient Sentence scheme, this newspaper understands.
The case could now be considered for referral to the Court of Appeal.
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Shadow Justice Minister Kieran Mullan said: "Killing three people including two children is the gravest of crimes.
"If we don't give criminals like this Whole Life Orders what are they for?
"I have referred the sentence for Nicholas Prosper to the Unduly Lenient Sentence Scheme."
Explaining her decision not to impose a whole life order, Mrs Justice Cheema-Grubb told Luton Crown Court: “Firstly, because you were thwarted from completing your intentions, otherwise this case would have had a very different and even more appalling outcome.
“Secondly, this prosecution has resulted in guilty pleas.
“Thirdly, you were 18 at the relevant time at the bottom of the bracket, and I have available a substantial finite term well above the starting point.”
Delivering her sentencing remarks, she said he had “intended to unleash disaster on the community of Luton”.
Prosper has been told “he must face the consequences of his actions” (Image: -)
She said the facts of Prosper's case were "chilling", and that he had wanted to emulate and outdo the US school massacres at Sandy Hook in 2012 and Virginia Tech in 2007.
His case featured many "recurrent themes" seen in school shootings, she said, a young male perpetrator who chose a "uniform" for the killings, had a sexual interest in children, withdrew into an online world and showed a lack of empathy towards victims.
Going through the details of the horror that unfolded at the flat, Mrs Cheema-Grubb described how Prosper's mother had woken first, realising something was "terribly wrong".
"She struggled with you before you shot her in the head at very close range in the hallway, you placed a novel with the title How To Kill Your Family on her legs."
His sister Giselle then woke up, and he shot her from a distance, grazing the back of her head.
The court heard how the "terrified girl" tried to hide under a table, but he then fatally shot her above the right eye.
Kyle woke up and tried to hide in the kitchen, grabbing a knife to protect himself.
"It was an unequal contest," the judge said. "You shot him in the chest from a distance, but then, while he was still alive and moving, stabbed and slashed him more than 100 times to his head, face, neck, torso and limbs, while he pleaded with you not to kill him."
Kyle then ran to the hallway, where Prosper fatally shot him in the head.
Addressing Prosper, the judge said: “Your plans were intelligent, calculating and selfish. Your ambition was notoriety. You wanted to be known posthumously as world’s most famous school shooter of the 21st century.”
She said the lives of his family were to be “collateral damage” for him to achieve this aim.
“Words such as heartless and brutal are insufficient for the last moments of the people who were closest to you,” she added.
The judge said that although she was “troubled by this shocking case”, she did not believe a whole life order was appropriate.
“Having reflected, I agree with the parties, and I do not impose a whole life order in this case,” she said.
“Firstly because you were thwarted from completing your intentions, otherwise this case would have had a very different and even more appalling outcome.
“Secondly, this prosecution has resulted in guilty pleas.
“Thirdly, you were 18 at the relevant time, at the bottom of the bracket for the power provided for in section 321 3C.”
Prosper shot his mother Juliana Falcon, 48, and siblings Giselle Prosper, 13, and Kyle Prosper, 16, at the flat the family shared in Luton, Bedfordshire, on September 13 last year, and stabbed his brother more than 100 times.
He hid for just over two hours before flagging down police officers in a nearby street and showing them where he had hidden a loaded shotgun and 33 cartridges near playing fields.
The teenager, who had been unable to stay in education or hold down a job, had been planning to carry out a mass shooting at his old primary school driven by a desire for notoriety.
A forensic psychiatrist said he had "an extreme lack of empathy and remorse", which were psychopathic tendencies.
Prosper managed to forge a gun licence and used it to buy a shotgun and 100 cartridges from a legitimate firearms dealer the day before the murders.
The Government said it is "urgently looking" at how "deep and long-standing weaknesses in the private sale of firearms" can be addressed.
He admitted three counts of murder as well as purchasing a shotgun without a certificate, possession of a shotgun with intent to endanger life and possession of a kitchen knife in a public place at an earlier hearing.
Mrs Justice Cheema-Grubb sentenced him to life with a minimum term of 18 years for possession of a firearm with intent to endanger life, 3.5 years for buying the gun and one year for possession of the knife, to run concurrently.
Prosper refused to stand in the dock as he was sentenced.
Horror unfolded at the family flat at about 5am on September 13 last year, when Prosper carried out a test shot into a teddy bear in his bedroom before launching the attack.
Mrs Justice Cheema-Grubb told the court that Juliana Falcon was a hard-working woman who cared for her children and had tried to get Prosper to get help when he was struggling at school.
"She was an innocent victim of an ungrateful, unfeeling son, whose only wish was to be famous through destroying the lives of young children," the judge said.
Kyle Prosper had "his whole future ahead, he fought bravely for his life, but there was no contest with his older armed brother", she told the court.
Giselle, who was just 13, was "a smiling girl, no doubt the treasure of her parents and friends".
Prosper later told a prison nurse he had wanted to cause "the biggest massacre in the 21st century" by murdering his family and carrying out a mass shooting at his former primary school.
He deliberately chose Friday 13 for the day of the attack.
Throughout secondary school up to the end of year 11 there had been no concerns about him - he was described as a quiet and geeky boy with a small group of friends who were into computers.
But once he began sixth form he stopped engaging with school staff or his family, and refused help from mental health workers.
His then-undiagnosed autism spectrum disorder meant he could not stay in mainstream education or hold down a job, and he became increasingly isolated, spending more time online and becoming obsessed with school shootings.
Defending, David Bentley KC said he had gone down "an internet wormhole".
He plotted for months to kill his family and carry out the school shooting, even choosing a black and yellow uniform that he would wear for the killing spree.
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Speaking outside court, Detective Superintendent Rob Hall read a statement on behalf of Raymond Prosper, the father of Nicholas, Giselle and Kyle.
It said: "We are devastated by the loss of our loved ones, and are horrified to hear what Nicholas had planned. He had completely isolated himself from us over the past year, and we had no knowledge of his intentions.
"We now see the deaths of Juliana, my son Kyle and daughter Giselle, had much more meaning and importance. Their deaths and the fast response of Bedfordshire Police stopped any other family in the community going through the pain we have suffered."
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