Teen sentenced for stabbing homeless man in 2020

A teenager, initially charged for the murder of a homeless man in 2020 but later indicted for manslaughter, has been sentenced to probation instead of a custodial sentence.

At the end of his probation, the conviction will not be recorded against him. However, he will remain at the Youth Training and Rehabilitation Centre until he writes his CSEC examinations in a couple months.

The ruling was delivered by Justice Jade Rodriguez on April 2.

In her ruling, she acknowledged, “The legislative and jurisprudential landscape in Trinidad and Tobago has deviated from a purely retributive approach in children's matters to an approach that is rooted in and based on principles of restorative justice.

“The Children's Court was established in 2018 to further this restorative aim. Adjudication of all matters before this court is underpinned by an overriding objective to provide for the treatment and rehabilitation of child offenders…,” she said in her sentencing ruling on April 2.

On July 2, 2020, at approximately 8.50 am, the teenager, then 14, accompanied by a friend, encountered Dial Seepersad, also known as "Dial" or "Jancis."

Seepersad, who was well-known in the community as being mentally unstable and homeless, began verbally abusing the teenager.

In response, the teenager spat at Seepersad, who pursued him and attempted to strike him.

The teenager, who was riding a bicycle, dismounted and, in an attempt to defend himself, stabbed Seepersad in the chest. The victim fled but collapsed shortly thereafter. Emergency personnel responded, but Seepersad died at the scene.

The teenager later surrendered to police, accompanied by his mother, and was formally charged with murder on July 7, 2020. The charge was later reduced to manslaughter, and in September 2024, he pleaded guilty following a Maximum Sentence Indication (MSI) hearing.

Rodriguez acknowledged that while the teenager’s actions were unlawful, they were not premeditated.

She also noted that the teenager did not intend to inflict a fatal wound and had acted in the heat of the moment. However, the use of a weapon in the altercation was deemed excessive, given that Seepersad was unarmed.

In determining the sentence, she considered several factors, including his age at the time, his previous good character, his remorse, which included an apology to the victim’s family, his good behaviour on remand and his academic progress.

After reviewing sentencing guidelines and considering the mitigating factors, the court initially determined a starting point of 11 years. However, with reductions for mitigating factors, his guilty plea, and time spent, the sentence was ultimately adjusted to 11 months.

The judge also admitted, “I have before me the arduous task of balancing the court’s overriding objective in relation to the rehabilitation of child offenders with the seriousness of this offence. Manslaughter is a very serious offence which results in the death of the victim.

“Over the last couple of decades, Trinidad and Tobago has grappled with an alarming increase in the occurrence of offences of this nature.

“It has become an unfortunate reality that is pervasive and prevalent in society. Therefore, there is a need to reduce the commission of such offences in our society.

“In the circumstances, the rehabilitative aim must be balanced with the punitive and deterrent aims of sentencing, which are not only applicable but a matter of public interest.”

Given the teenager’s demonstrated rehabilitation and the primary focus of the Children’s Court on restorative justice, the court ordered that he be placed on probation under a conditional release.

Rodriguez also ordered that he continue attending structured classes twice weekly to prepare for his CSEC exams and undergo rehabilitative interventions through the Social Services Unit of the Children’s Court. His progress is to be monitored every three months.

His conviction will also not be recorded if he complies fully with the terms of probation. Any breach of the probation conditions would result in the teenager being resentenced for the original offence.

Assistance DPP Danielle Thompson represented the State while Amit Mahabir represented the teenager.