Seesahai. In this instance, to 12 year old boy is of the killing, who had a Machete Knife with them in wolverhampton at the time of the killing, about 1. 5feet long, that was used on the attack on Shawn Seesahai as he walked from this Playing Field in wolverhampton with that friend of his. They were simply out together that evening. Mike shawn and his friend were confronted by the 212 Year Old boys, brushed on the shoulder to initiate this confrontation, and why shawn was picked are still unknown. Little is known about why this incident occurred, and the two boys in the course of the trial blamed each other. Neither has taken Response Ability or accountability on what happened that night and why they picked shawn in particular. As we have been talking about this case, we have been referencing the shocking case of more than 30 years ago now ofjames bulger, who was also killed by two children, the youngest murderers in britain. This is now, as far as we are aware, the case of the two youngest knife murderers, the youngest murderers in 1993. Mike and we had from the police about the devastating impact of Knife Crime. There have been moves to try to reduce Knife Crime, particularly try to reduce Knife Crime, jarticularl ,. particularly the use of these Zombie Knives particularly the use of these Zombie Knives and particularly the use of these i Zombie Knives and machetes, particularly the use of these Zombie Knives and machetes, and a law has been brought in to ban those and an amnesty. How much of the case focused on the broader problem of Knife Crime and how prevalent it is . The case has and how prevalent it is . The case has been and how prevalent it is . The case has been very and how prevalent it is . Tue case has been very focused and how prevalent it is . Tte case has been very focused on the particular incident of what happened in november two shawn. In terms of the wider role of Knife Crime, we heard about it in the sentencing over the last couple of days, and the only incidents we heard that was talking about one of the two children who have been collected and no sentence. The child who was deemed by the prosecution to be the initial aggressor, it is said he was encouraged in his Interest And Use and possession of knives by older boys and younger men in the community around him, but youre right. This case has been talked about in the commentary around this case has made reference to both the Possession And Sale of machete knives, of Zombie Knives, and just this week the government has brought in our ban of Machete And Zombie style knives, a little focus of many Police Forces up and down the country, though particularly the West Midlands Police as well, where knife has been a particular problem. That new legislation coming in, the band coming in, has concentrated minds on the problem of Knife Crime, and we saw in the coverage around that some of the knives that have been used in crimes that have been possessed by young people and the encouragement by Police Forces to handle zen as part of amnesties. A colleague of mine, benjohnsons reporting around this early in the week looked at the efforts being made to try and stop young people from possessing these knives, but also how easy it is to actually get hold of one. One young person he spoke to talked about describing it as in comparison to ordering a takeaway, that is how easy it was to collect and purchase a knife. So, the measures brought in look to both ban the Possession And Sale of these Zombie Machete Style knives. Sale of these Zombie Machete Style Knives Style knives. The udge described style knives. The udge described what H Style knives. The judge described what had style knives. The judge i described what had been style knives. The judge described what had been done is horrific and shocking and said the sentence would not comfort the sentence would not comfort the family. She described him as a young man who had his whole future ahead of him in the sentence would not comfort his family. Tell us a bit about the family and what we are expecting to hear from them, or whether we are expecting to hear from them later on today . Gimmick Shawn Seesahais family, his mother and father, have been speaking to the bbc about the impact that have been speaking to the bbc about the impac about the impact that this incident has about the impact that this incident has had about the impact that this incident has had on about the impact that this incident has had on their. Incident has had on their lives, and they have talked about the devastation of learning about shawns death. It was a young man who loved playing basketball. He grew up in anguilla, a British Overseas Territory in the caribbean. He had an injury while playing basketball that led to him going to the united states for treatment. He couldnt finish as treatment there, his visa ran out, so he came to the uk to receive further follow up treatment for his serious problem with his eye, a detached retina, and his plan was hopefully to stay on after his medication, after his treatment had been received, and hopefully study engineering. That was his ultimate dream. The Family Talk about how all those dreams have now been cut short. They will not see shawn achieve what he wanted in his career, they will not see him marry, they will see him flourish as a man. He was on the cusp of adult hood, just 19 years old. The impact goes beyond just the emotional and the mental, but also the financial. They had to use their Life Savings to repatriate his body from here in the uk back to anguilla, and then take out a loan to fund then take out a loan to fund the Flight And Accommodation to come to the uk for the trial in june. As if they have had no help from the government, they have received no aid, no funding to support any of that map and that this has taken not just that mental and emotional toll but a huge financial toll. For this, the sentencing, The End of the legal process, they have not been able to afford to come to the uk, and have instead been following it on video link. Cormack also had a younger sister, 15 years old, and she and the statement that was read out in court yesterday, i was reference to how it is not a huge toll on her too, that they were closer than merely siblings, their relationship was deeper than that, and it was always her dream for shawn to be there one day at her wedding. It hurts her immensely that he now will not be there for that. Not be there for that. Thank ou for not be there for that. Thank you for the not be there for that. Thank you for the time not be there for that. Thank you for the time being. Not be there for that. Thank| you for the time being. Lets go straight inside the court and listen to the judge, who go straight inside the court and listen to thejudge, who is Making Comments now. And listen to the judge, who is Making Comments now. Making comments now. Those orders apply Making Comments now. Those orders apply to Making Comments now. Those orders apply to all Making Comments now. Those orders apply to all the Making Comments now. Those orders apply to all the rest Making Comments now. Those orders apply to all the Rest Ofl orders apply to all the rest of todays hearing as well as what i said earlier on. Shawn seesahai had a unique personality, was a humble personality, was a humble person who loved to help others, and cared deeply about his family. His mother has described him as a brave soul, who was generous and compassionate. He was born and brought up in anguilla, and thatis brought up in anguilla, and that is where his family live. Shawn came to the uk for treatment for his eyesight and to improve his education. He was adored and loved by his family, and as a young man, aged 19, his whole future was ahead of him. On the 13th Of November last year, he was murdered by the two defendants, who acted together and killed him with a machete and a part in wolverhampton. In a park in wolverhampton. In a park in wolverhampton. In a park in wolverhampton. The defendants were children who were aged 12 in november last year, and were still aged 12 when they were convicted by a jury when they were convicted by a jury at Nottingham Crown Court injune. Jury at Nottingham Crown Court in june. They jury at Nottingham Crown Court injune. They are now aged 13. The first defendant pleaded guilty before trial to the possession of the machete any public place, and the second defendant was convicted of the separate offence by the jury. Today, i have to sentence the defendant for the murder of Shawn Seesahai. I also have to sentence them for the possession of a knife in a public place, although that offence adds nothing to the offence adds nothing to the offence of murder in this case. Murder is the most serious criminal offence, and the sentences fixed by law. There is only one sentence i can give the defendants in this case, and because of their age, it is called detention during his majestys pleasure. This is a custodial sentence which means that the defendants will remain in the secure accommodation where they have each been living since they were arrested. I am living since they were arrested. Iam required living since they were arrested. I am required to determine the shortest length of time each defendant must stay in custody before they can be considered for release by the Parole Board. This is called the minimum term. It is then for the Parole Board to decide when a defendant can leave custody, and their decision depends on a Defendants Behaviour in custody and whether it is safe for that person to leave custody. The law requires all judges sentencing children or young people, however serious the offence, to have regard to the offence, to have regard to the principal aim of the Youth Justice system, which is to prevent the offending by children and young people and the welfare of the child or young person. The Court Of Appeal has made it clear that sentencing children and young people requires an entirely different approach from that which the courts routinely apply to adult offenders. One aspect of that is that in communicating sentences to children in a case like this, the court can break the sentencing remarks down into stages. That is what i have donein stages. That is what i have done in this case. The first stage is for thejudge done in this case. The first stage is for the judge to inform the child of the sentence, and tell them the reason for that sentence in brief and simplified language, which they can easily understand. The second stage is for thejudge to provide sentencing remarks so for the judge to provide sentencing remarks so that for thejudge to provide sentencing remarks so that in simplified language that they can easily understand. Legal and factual considerations have been taken into account. These remarks are at the second stage of the process. I dealt with the first stage earlier this morning. The facts of this case are horrific and shocking, and can be explained very shortly. The first defendant brought a machete from a friend last year for 40. He kept it under his bed. On the 13th Of November, he came home from school, got changed out of his School Uniform into a tracksuit, picked up the knife, left home, and met up with the second defendant, a friend from school. They then met up with other friends, school. They then met up with otherfriends, and by early evening, they headed to The Field where they were soon after 8pm. Field where they were soon after8pm. Shawn field where they were soon after 8pm. Shawn seesahai was visiting wolverhampton with a friend, and early in the evening they were sitting on a bench in The Field, chatting about their plans for christmas. About 8 15pm, shawn and his friend left the bench, and his friend left the bench, and walked away from it past the defendants. The defendants were then at the bench. Shawn returned after a few minutes, spoke to the defendants and asked them to move. Moments later, he was dead. The defendants jointly Attacked Shawn and killed him. The defendants immediately left The Field together is not The First Defendant picked up the machete, which she returned home with, cleaned with bleach, and foot under his bed. The defendants were arrested the next day. Shawn was killed by a Stab Wound to his back caused ljy Stab Wound to his back caused by a machete which almost went through his entire body, was 23 centimetres deep, and penetrated his lungs and heart. There were also injuries to his head, arm and thigh. Im sure from the nature of these injuries that the defendants intended to kill shawn. They to do so, but i cannot be sure which one inflicted the fatal Stab Wound. It was an attack which happened on the spur of the moment, and was not premeditated. I have explained that the only sentence i can pass on the defendants is detention during his majestys pleasure, and i have to set the minimum term that the defendants must serve in custody before they are considered for release. I must set the minimum term by reference to schedule 21 of the Sentencing Code as parliament has enacted. This case falls within paragraphs five a and fourth of the code, which means as the defendants were 14 or under at the date of the offence, the Starting Point is 13 years. The Starting Point reflects the seriousness of the offence. I then have to approach the task of setting the minimum term by looking carefully at each defendant on an individual basis. Both in terms of what they did, together with the information i have about them as people, their backgrounds and experiences. I am their backgrounds and experiences. Iam required their backgrounds and experiences. I am required to undertake this exercise by reference to the Sentencing Council guidelines, sentencing children and young people. This guideline identifies in detail the very many important considerations and factors that im required to take into account. I also have to look at the list of aggravating and mitigating factors set out in schedule 21. There is some aggravation because this was an attack by two people but the relevant mitigating factors are the lack of premeditation and the lack of premeditation and the age of the defendants, all of which ive taken into account. The barristers in this case have also assisted me with their written sentencing notes, provided in advance of the hearing, together with their oral submissions yesterdays court hearing. I now turn to each defendant. The first defendant was much closer to 12 in age than 13 at the date of these offences. The Presentence Report for The First Defendant has been prepared by the two Social Workers who were allocated to work with him from when he was remanded in Youth Detention Accommodation in november 2023. The date of the report Isjuly November 2023. The date of the report is july 2024, november 2023. The date of the report isjuly 2024, and has been prepared in accordance with the national standards for Youth Justice services and relevant guidance. It is a detailed and comprehensive report in which the Social Workers have collated information in relation to The First Defendant from all relevant sources, both in terms of documents and speaking to the relevant people, including the relevant people, including The First Defendant. I have read all of this report with care, and taken all that it says into account. Part of the report deals with the assessment of The First Defendant, including consideration of Safety And Welfare issues. This section in the report details the extensive involvement of childrens services in The First Defendants life, and the reason for that. The report also explains amongst other. That the defendant has been referred to mental health services, and have been instances of self harm. He was diagnosed with adhd in 2022. It is in this context and against this factual background that the report says this, and i quote having spoke with the first Defendant And Consultant records held about him, we were the first that the we would assess that the defendant appears to function at a level lower than his chronological age but in terms of understanding and his emotional literacy. The first defendant as a child with extremely complex needs. He has experienced violence from within the home from within an early age. It is clear he has experienced change, loss, and unpredictability, which must have an ongoing impact of his sense of identity and belonging. His experience of such developmental trauma is highly likely to have had a negative impact on his cognitive development, his ability to regulate his emotions in the moment, and to take informed decisions. He was made even more vulnerable through his adhd diagnosis. The report then continues by saying that there is a professional consensus of opinion that The First Defendant was being groomed and exploited, and that in professionals views, this contributed indirectly towards his participation in shawns murder. Another part of the report assesses the risk to the community, including the likelihood of Reoffending And Risk of serious harm to others. This explains that at the time of the offences, there were significant concerns about, amongst other things, the first Defendants Access to knives, exploitation, and how easily he was influenced, which meant that the likelihood of offending and serious harm were very high. The authors of the Report Note that this has to be seenin Report Note that this has to be seen in the context of The First Defendants very many adverse childhood experiences. He is now in a safe place, where people will help him, and he is undertaking meaningful work which is helping him to make positive changes to his thoughts and behaviour. They are hopeful that his secure placement will result in further reducing his risks in the future. The report also explains that The First Defendant has spoken about what he did, that he has said it is not fair that someone lost their life, and he feel sad about it. He said he feels bad that he took the night out with him and he wishes the night had gone differently. There is also a report debated dominic dated the 11th Of September this year. A report dated the 11th Of September this year, and the conclusion set out in the original report remain the same. I also read the report of a consultant clinical psychologist in relation to The First Defendant. That report also explains that The First Defendant is particularly vulnerable and immature. It identifies further diagnosed disorders beyond adhd, and explains that his verbal reasoning abilities are equivalent to those of a ten year old. The report also recalls the considerable progress The First Defendant has made where he is now living. Finally, have the letterfrom living. Finally, have the letter from the counter trafficking centre, which explains that The First Defendant was a victim of child criminal exploitation, and is accepted that he is a victim of modern slavery. The Starting Point of 13 years needs to be adjusted downwards, because The First Defendants chronological age was that he had recently turned 12 at the date of the offence. I then have to take into account that at the time of the offence, his mental edge is less than that. He has been affected by multiple traumas throughout his childhood for which he is and cannot be held responsible. These are all factors which diminish the culpability in first defendant. The first defendant always accepted that he bought the knife and took it to The Field, and he has shown some insight into the harm he has caused. I agree with the authors of the Presentencing Report that he does not at this stage have the maturity to fully appreciate the consequences of his actions. On top of that, he is making progress with his Education And Behaviour in this table unsettled environment where he is living, and that should continue to progress. Stable and settled environment. They did not have any previous convictions, but he was known to the police and carrying knives, but that has to be considered in the context that he was the victim of trafficking and extremely vulnerable. Ive taken into Account Everything i know about The First Defendant and what he did, and in myjudgment the minimum time he should spend in custody is eight years, six months. From that must be developed acted deducted the 315 days he has already spent in custody. The first event it will remain on licence for the rest of his life. This means there are conditions that will be decided when the Parole Board decided his appropriate for him to leave custody, and he will have to follow those conditions for the rest of his life. If he does not do so, then he may have to go back to custody. I now turn to the second defendant. The second defendant was much closer to 12 in age than 13 at the date of these offences. The Presentence Report for the second defendant has been prepared by the two Social Workers who are allocated to work with him from when he was remanded in a secure unit in november last year. It is dated july 2024, and is a detailed and comprehensive report, which is also gathered information about the second defendant from all relevant sources, both in terms of documents and speaking to the relevant people, including the relevant people, including the second defendant. I have read all this report with care, and take in all it says into account. The report explains in detail the second Defendants Background and upbringing, the upheaval caused to his childhood by moves in the location of his familys home, some of which were spent in a refuge, and the disruption this cost to his childhood. The second defendant has a supportive and loving relationship with his parents and his brother. He was not known to social services or the police at the time of the offences. The report explains that the second defendant expressed that he feels remorse for what happened, and he feels sorry for shawns family, and understands that they are suffering greatly having lost their son. Suffering greatly having lost theirson. It suffering greatly having lost their son. It is possible that their son. It is possible that the second defendant has dyslexia, but that is not yet been confirmed. In terms of risk, at the date of the report, the second defendant was assessed at medium risk of reoffending, and a high risk of serious harm to others. The report then says that it is important he continues to engage with the support and interventions where he is living, as that will give him something positive for his long term future. The authors of the report except the serious nature of the offences, and what the second defendant has done, but come on very positively on his behaviour since he has been on remand, his motivation to do well, and to achieve qualifications. The report also makes clear that whilst he is physically mature for his age, he is still young, and it will take time for him to mature emotionally and developmentally in an environment where he feels safe. I have an updated Presentence Report dated the 5th of september, which confirms the conclusion in the earlier report. This further report also provides more information as to how well he is doing where he is living, and that he continues to behave in a positive and mature manner. He is on graduate level, and has received recently and awards to commend him for what he has achieved where he is living. The Starting Point of 13 years needs to be adjusted downwards, because the second defendants chronological age was that he had relatively recently turned 12 at the date of the offence. His emotional Maturity And Development age was not below his chronological age, he does not have Mental Health Problems but may have dyslexia. I have to take into account that he is measuring maturity beyond his years, responding very well in Custody Stop he was of good character and has shown remorse for what has happened. In myjudgment, in my judgment, the in myjudgment, the minimum time he should spend in custody is a years and six months. The days he has already spent in custody will be deducted. I appreciate this is the same for The First Defendant, but having applied the guideline, the factors that have let me there are different. When i have considered and balanced the individual features of each defendant, that is the clear conclusion that i have reached for each of them. The second defendant will also remain on licence for the rest of their life. There will be conditions decided when he leaves custody which he will have to follow for the rest of his life. If he breaks those conditions, he may have to return to custody. I order a separate penalty for The First Defendant on count two, Confession Of A Bladed article in a public place. I ordered no separate penalty for the second defendant ongoing to