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00:00 Jack Benham and Sian Hedges, you come before me for sentence, having been found guilty
00:07 after a trial at this court of the murder of Alfie Phillips on the night of the 27th
00:12 to 28th November 2020. Alfie Phillips was your son, Sian Hedges, and at the time of
00:19 his death he was 18 months old. I was the trial judge. No one else but you were present
00:27 when the assaults took place which resulted in Alfie's death. Neither of you has told
00:32 the truth about what happened. You have each blamed each other, claiming not to have seen
00:38 the assaults taking place, let alone admitting to playing any part in them. There was therefore
00:45 no credible direct witness evidence before the court of the way in which the assaults
00:50 unfolded. Nevertheless, despite the absence of truthful eyewitness accounts, the medical
00:58 evidence and other evidence at trial means that I am in a position to be satisfied so
01:03 that I am sure that what follows is an accurate description of the circumstances of Alfie's
01:09 murder and the part that each of you played in it. Alfie was born on the 26th of May 2019.
01:19 His father was Sam Phillips and at the time of his birth you, Sian Hedges, and Sam Phillips
01:25 were living together near Whitstable in Kent. By September 2020 your relationship was in
01:32 difficulties. You started a relationship with Jack Benham, although you did not tell either
01:38 Sam Phillips or Jack Benham that you were in a relationship with the other. By November
01:45 2020 you were effectively homeless. You divided your time between staying with Sam Phillips
01:52 in his caravan and staying with Jack Benham, who was living in a caravan in the garden
01:57 of his parents' house near Whitstable. At the time of Alfie's death, the two of you
02:03 had been in a relationship for only a short time, about ten weeks. You, Sian Hedges, were,
02:11 until the night of his death, a loving mother to Alfie. You had no history of abusing or
02:17 mistreating him and Alfie was generally well cared for. But alongside that you put your
02:24 own interests first. You had the opportunity to provide Alfie with a stable home with your
02:30 mother in Devon, but instead you took him with you whilst you moved between your two
02:35 partners on an almost daily basis. You took cocaine regularly and did so in front of Alfie.
02:43 Indeed traces of cocaine from secondary transfer were found in Alfie's bloodstream. You spent
02:50 a substantial amount of your income on drugs. You, Jack Benham, had recently separated from
02:57 the mother of your two children. You had developed a major crack cocaine habit. Indeed it was
03:04 drugs that had brought the two of you together and most of your time in each other's company
03:08 was spent taking drugs.
03:13 The medical evidence shows that Alfie suffered a number of injuries some 36 to 72 hours before
03:19 his death. These consisted of a number of relatively minor rib fractures which were
03:25 caused by excessive squeezing and a fracture of a bone in his foot, almost certainly caused
03:31 by someone deliberately standing on it. I am satisfied that these injuries were caused
03:37 by you, Jack Benham, as a result of inappropriately rough or bad-tempered treatment of Alfie.
03:44 These injuries were not life-threatening.
03:48 The main assaults upon Alfie took place in the caravan during the night of the 27th to
03:53 28th of November 2020. A number of witnesses told the court that Alfie was well and in
04:00 good spirits when he entered the caravan with the two of you in the early evening of the
04:04 27th of November. In the course of that night, Alfie sustained approximately 50 injuries
04:12 from the assaults, pretty well all over his body. There were cuts, abrasions, bruises,
04:21 hemorrhages, soft tissue injuries and fractures. These included complete fractures of the radius
04:28 and ulnar bones in his arms, just above both wrists. These were caused by a brutal combination
04:35 of squeezing, gripping and bending of Alfie's arms. The bones were described by the medical
04:42 expert Professor Mangum as having been shattered by the force of the assault. As a small child's
04:48 bones are resilient and pliable, it would have required a great deal of force to produce
04:53 this result. Alfie also suffered the complete fracture of the tibia and fibula of his left
05:01 leg. Again the bone was shattered and again this would have required the application of
05:07 a great deal of force. Alfie suffered several fractures to bones in his feet caused by crushing.
05:16 Still further, Alfie's sternum was fractured, something that would have required a great
05:21 deal of force to achieve and he sustained several further fractures to his ribs, probably
05:27 from crushing. Alfie sustained a number of serious injuries from blows that were directed
05:33 at his face and his eyes. His head was gripped very tightly which resulted in heavy bruising
05:40 to much of his skull. A hand had roughly been placed over his mouth, smothering him, no
05:47 doubt to stop his crying. This was done so violently that the frenulum, the skin between
05:53 his upper lip and his nostrils, had been torn. Alfie was bitten hard several times on a number
06:01 of different parts of his body, including his arm, his back and one foot, in each case
06:07 causing wounds and in the latter case causing a fracture to his toe. These injuries were
06:14 the result of what can only be described as a frenzied attack. It is impossible to be
06:20 sure how long the attack lasted but given the number of different injuries that were
06:25 inflicted on Alfie it must have lasted a considerable time. The injuries suffered by Alfie that
06:34 night were so numerous and so serious that the medical experts were not able to say which
06:40 of them had been the immediate cause of Alfie's death. It is absolutely clear, however, that
06:47 the cumulative effects of these vicious and brutal assaults resulted in his death. It
06:53 must have taken some considerable time to inflict these injuries on Alfie and the pain
06:58 and fear that he must have suffered is almost unimaginable. As I have said, you were the
07:06 only two people in the caravan with Alfie on the night of 27th to 28th November 2020
07:13 and you have both continually lied about what happened. However, it is clear that you had
07:19 planned to spend the night taking drugs and drinking. During the course of the evening
07:25 you Jack Benham smoked a gram of crack cocaine and you Sian Hedges snorted half a gram of
07:32 cocaine. Together you also drank most of a litre bottle of whiskey and part of a bottle
07:39 of rum. You Jack Benham drank more than Sian Hedges. Sometime before midnight you had exhausted
07:48 your supplies of drugs and you Jack Benham pestered Sian Hedges to make a trip to your
07:53 dealer to buy more. This you did Sian Hedges but you were unable to rouse the dealer and
08:00 you returned empty handed. I have no doubt that at some point during the night Alfie
08:08 woke up and was crying and distressed, no doubt at least in part because he was teething
08:15 but also because of the injuries that had been inflicted upon him earlier in that week.
08:21 Alfie became an inconvenience and an irritation. You were both angry with him for interfering
08:27 with your night's drinking and drug taking and were annoyed by the noise he was making.
08:34 You Jack Benham were frustrated that it had not been possible to obtain more drugs. You
08:40 decided to teach him a lesson. The injuries were inflicted in an attempt to control, discipline
08:47 and punish this small child. It is not possible for me to say with certainty which of you
08:54 inflicted each of the individual injuries. However I am sure that you Jack Benham took
09:00 the lead and inflicted most of the injuries including the main fractures. You are the
09:07 stronger of the two, you have the worst temper, you had consumed more alcohol that night and
09:14 you were the one who was most frustrated that the drugs had run out. But you were both involved
09:20 and assisted and encouraged each other. You Sian Hedges were responsible for at least
09:27 one of the bites on Alfie. Once the assaults were over you placed Alfie in bed with the
09:34 two of you and you went to sleep. At that stage neither of you had any idea that your
09:40 assaults had killed Alfie. At some point whilst you were asleep next to him Alfie died. You
09:49 woke up at about 11.30 the next morning and almost immediately realised that Alfie was
09:55 dead or dying. You were shocked and horrified and you ran to Jack Benham's parents house
10:01 for assistance. It was already too late. I accept that you both tried to get help for
10:09 Alfie. You did not call 999 but that was only because you thought that the best thing to
10:15 do was to get help from Jack Benham's parents. Jack Benham's mother, Joan Benham, made heroic
10:23 efforts to resuscitate Alfie but it was too late. He was already dead. It is clear that
10:30 you Sian Hedges were utterly devastated by Alfie's death but you both immediately took
10:35 steps to cover up your responsibility for his death. Your first thoughts were for yourselves.
10:43 You lied about what had happened in the caravan and you maintained your lies through police
10:47 interviews and at trial. At first you sought to give the impression that Alfie had died
10:54 as a result of a tragic accident through being trapped by Jack Benham's legs under the duvet.
11:02 When at trial it became clear from medical evidence that this explanation was not credible
11:07 you each turned on the other and blamed the other for the assaults saying in Sian Hedges
11:13 case that they must have been inflicted by Jack Benham when you were away from the caravan
11:18 trying to buy drugs and in Jack Benham's case that they must have been inflicted by
11:23 Sian Hedges whilst you were in a deep and drug-fuelled sleep in bed next to her and
11:29 Alfie in the caravan. Neither of you was telling the truth. Before I come to the sentences
11:38 I want to say something about Alfie. His father Sam Phillips said that Alfie's smile would
11:45 light up any room. He was described by his grandfather Mark Domain as being a fantastic
11:52 little boy. The court was shown photographs of Alfie. He had a cheeky grin and was full
11:59 of energy and life. He was into everything and interested in everything. He melted the
12:06 hearts of everyone he met. The victim impact statements of his father Sam Phillips and
12:12 his grandfather Mark Domain vividly illustrate how much he was loved and how much grief and
12:18 devastation his murder has caused to those who loved him. It is a great tragedy that
12:25 Alfie did not have the chance to grow up and to enjoy a full and happy life. The sentences
12:31 that I am about to impose cannot possibly compensate for the loss of this child's
12:38 life. There is only one sentence that the law allows me to pass for the offence of murder.
12:45 It is a sentence of life imprisonment. That is the sentence that I will pass on each of
12:50 you but I am also required by Schedule 21 to the Sentencing Act 2020 to specify a minimum
12:58 term which must elapse before you can be considered for release on licence. It is important that
13:05 you and everyone concerned with this case or watching or reporting this sentence understand
13:12 what your sentences for murder in fact mean. The minimum term is not a fixed term after
13:19 which you will automatically be released but is the minimum time that you will spend in
13:24 custody before your case can be considered by the Parole Board. It will be for the Parole
13:31 Board to say after expiry of your minimum term whether or not you are fit to be released.
13:38 There is no guarantee that you will be released at that time or at any particular time thereafter.
13:45 If and when you are released you will be subject to licence and this will remain the case for
13:50 the rest of your life. If for any reason your licence were to be revoked such as if you
13:56 re-offend you will be recalled to continue to serve your sentence in custody. Schedule
14:05 21 to the Sentencing Act also sets a starting point for the minimum term before taking into
14:11 account aggravating and mitigating factors. In each of your cases the starting point is
14:18 15 years. Though your actions were cruel and brutal this is not a case in which the injuries
14:26 were inflicted for sexual or statistic reasons and there is no other reason why a higher
14:33 starting point would apply. However the starting point will not be the end point. In deciding
14:40 upon a minimum term I will balance all of the aggravating and mitigating factors when
14:46 determining the minimum term for each of you. I say immediately that in light of the circumstances
14:53 in this case the minimum terms that I must specify will be substantially higher than
14:59 the starting point. The qualifying days that you have spent in custody will count towards
15:06 the minimum term. In relation to you Jack Benham the time spent by my calculation is
15:13 313 days. In relation to you Sian Hedges the time spent is also 313 days. If any of these
15:23 calculations are later found to be wrong it will be put right by correcting the record
15:28 administratively. The appropriate statutory victim surcharge will be applied. I come first
15:38 to the aggravating and mitigating factors that are common to you both. I bear in mind
15:45 that you Jack Benham were the prime mover in the assaults. You Sian Hedges played a
15:51 secondary role but as I have said you were at least to some extent a participant in the
15:56 assaults. You certainly bit Alfie and furthermore you encouraged and assisted Jack Benham in
16:03 his assaults. You were Alfie's mother and he deserved your protection. In your case
16:10 Jack Benham it's an aggravating factor that you assaulted Alfie in the days before his
16:15 death. It is a major aggravating factor that your victim was a defenceless 18 month old
16:23 child who was in your joint care that night. You were the people who should have been protecting
16:29 him. I have taken care however when considering the aggravating features not to double count
16:36 the fact that Alfie was a small child and that his attackers were in a position of trust
16:42 towards him. It is a further major aggravating factor that the injuries that were inflicted
16:48 on Alfie during the night of the 27th to the 28th of November were inflicted in a sustained
16:55 assault. They were not the result of a single momentary or impulsive act. The assaults involved
17:02 extreme brutality and resulted in a very large number of injuries. Alfie will have endured
17:09 great pain and suffering in the periods before he fell into unconsciousness exacerbated by
17:15 the shock that the assaults were being carried out or facilitated by his own mother and by
17:21 her boyfriend. In addition the offending is aggravated by the fact that you were both
17:28 under the influence of drugs and alcohol. Indeed it is impossible to avoid the conclusion
17:34 that these terrible events would not have taken place were it not for the fact that
17:38 you were taking crack cocaine or cocaine and that drugs have become the main focus of your
17:44 lives. Still further, almost from the moment that you discovered Alfie's body you lied
17:52 to cover up your involvement and eventually you each attempted to place the entirety of
17:58 the blame upon your co-defendant. Though you undoubtedly fervently regret that Alfie had
18:04 died and in Sian Hedges case have suffered greatly from the loss of your child, neither
18:11 of you has expressed any remorse. In mitigation I take into account that the attack was not
18:19 planned or premeditated and I accept that neither of you intended to kill Alfie. Indeed
18:26 until you woke up the next morning neither of you realised that you had done so. However
18:32 the latter point is only very limited mitigation. In a case which is concerned with the application
18:39 of very significant force to a young infant, the difference between intention to kill and
18:44 to cause serious injury is not very significant. I cannot be sure that any weapon was used
18:52 and so I sentence you on the basis that no weapon was involved but this again is of limited
18:57 mitigation given the ferocity of the assault. As for your individual mitigating circumstances
19:06 I will deal with you first Jack Benham. You were 32 years old at the time of Alfie's
19:13 murder. You had two disqualifications from driving for driving with excess alcohol in
19:19 2006 and 2013 but I do not regard these as being aggravating features. Other than that
19:28 you had no previous convictions. You have no history of aggressive or violent behaviour
19:34 and I accept that this offending was completely out of character. You were going through a
19:39 difficult time of life after separating from your partner and were living away from your
19:45 children but this is scant mitigation for your actions. In truth there is very little
19:51 individual mitigation in your case. You, Sian Hedges, were younger, being 24 years old at
19:59 the time of the murder and in my view you were still somewhat immature for your age.
20:05 You were easily led. You have no previous convictions of any sort. I accept that you
20:11 adored Alfie and until these events had tried to look after him as well as you could whilst
20:17 putting your own needs first. You were his primary carer and you were devoted to him.
20:23 As with Jack Benham this offending was completely out of character. You had had a troubled youth
20:30 and
20:30 you were not the type of person to be taken seriously. I have seen a report about you that was prepared by a psychologist. This diagnosed you with traits
21:00 consistent with borderline personality disorder, anxiety, depression and post-traumatic stress
21:07 and stated that these symptoms significantly impact upon you and exacerbate issues of vulnerability.
21:14 I have taken account of your history, your vulnerability and mental health issues as
21:20 some mitigation in your case. I've also taken account of the relevant sentencing guideline.
21:26 However this mitigation is limited. Your mental health difficulties do not explain let alone
21:33 excuse your conduct on the night of the 27th to 28th of November 2020. You were not dominated
21:41 by Jack Benham and he did not abuse you and you were not suffering a mental health crisis.
21:47 You chose to take cocaine and willingly played your part in the assaults on Alfie that night.
21:53 Your vulnerability and the mental health difficulties that you suffered have only a
22:00 very minor impact upon your culpability. I now come to the sentences. Stand up please.
22:07 Sian Hedges, for the murder of Alfie Phillips I sentence you to imprisonment for life. Taking
22:20 account of all of the factors that I've set out the minimum term will be 19 years minus 313 days
22:28 to take account of the time spent on remand and qualifying curfew. Jack Benham, for the murder
22:37 of Alfie Phillips I sentence you to imprisonment for life. Taking account of all the factors that
22:43 I have set out the minimum term will be 23 years minus 313 days to take account of time spent on
22:52 remand. Take them down.
22:54 [BLANK_AUDIO]
23:04 [BLANK_AUDIO]
23:14 [BLANK_AUDIO]
23:24 [BLANK_AUDIO]
23:44 I want to conclude with some commendations and thanks. The investigation which led to
23:50 these convictions was lengthy and complex and the police officers and lawyers who played their part
23:55 are to be commended for the extremely professional and skillful way in which they carried out their
24:01 duties. In particular I would like to commend the officer in the case, Detective Constable Sarah
24:08 Copeland, her supervising officer Detective Sergeant Ash Bowles and the reviewing CPS lawyer
24:16 William Boddiam for their hard work and dedication. Finally I would like to thank all members of the
24:24 council teams and their solicitor colleagues for their hard work, the skillful way in which they
24:29 presented their cases and for the positive and cooperative manner in which this case was
24:35 conducted. I would also like to thank the jury members for their commitment to the case and the
24:41 court staff, so often the unsung heroes, whose work in this trial was exemplary.
24:47 [BLANK_AUDIO]
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