For anyone who ( like me ) needs a quick reminder of the charges/Judge instructions.
Here is a very comprehensive list that
@bobbymkii wrote up for us
Jury instructions - route to verdict:
Count 1: Concealing the birth of a child
1. given birth to a baby - not in dispute
2. endeavoured to conceal the birth of a child - not in dispute
3. (must be same verdict for both defendants) are you satisfied so that you are sure that the defendants concealed the birth of the child by secretly disposing of the dead body (Yes= Guilty, No= Not guilty)
Count 2:
Child cruelty:
1. Are you satisfied the defendants are over 16 - not in dispute
2. Are you satisfied they had responsibility for a child under 16 - not in dispute
3a. (must be same verdict for both defendants)
are you satisfied so that you are sure that the defendants neglected the child
(Yes= move on to question 4. No= move on to question 3b)
OR
3b. (must be same verdict for both defendants)
are you satisfied so that you are sure that the defendants exposed the baby (to the elements)
(Yes= move on to question 4 No= not guilty)
If the answer to that question is yes, they move to question four.
If not, the defendants are not guilty of child cruelty.
What he was basically explaining was that all 11 of the jurors have to be sure that child cruelty was committed through exposure. Or, alternatively, all 11 of the jurors have to be sure it was committed by neglect.
It was not sufficient, he said, for half of them to be in one camp agreeing to exposure and half of them to be in the other agreeing that it was committed by neglect. He said they all have to be sure that it was one or the other.
4. (must be same verdict for both defendants)
are you satisfied so that you are sure that the defendants' neglect or exposure was likely to cause the baby unnecessary suffering or injuries
(Yes= Guilty, No= Not guilty, AND ALSO MUST FIND DEFENDANTS NOT GUILTY OF COUNTS 3&4)
Count 4 (MUST BE CONSIDERED BEFORE COUNT 3):
Manslaughter (by Gross Negligence):
1. Was there a duty of care to the child -not in dispute
2. are you satisfied so that you are sure that the defendants' breached duty of care to baby V
(Yes= move on to question 3 No= not guilty)
3. are you satisfied so that you are sure that the defendants' breach gave rise to serious and obvious risk of death
(Yes= move on to question 4, No= not guilty)
4. are you satisfied so that you are sure that the defendants' breach caused or made a significant contribution to the death (Yes= move on to question 5 No= not guilty)
If they're sure of that, they were told, they should consider whether the breach of the duty of care amounts to gross negligence. It's only after answering yes to this fifth question, along with all the other ones, that they can find the defendants guilty of manslaughter by gross negligence. Otherwise, the judge said they must acquit the defendants on this charge.
5. did the breach amount to gross negligence (Yes= Guilty, No= Not guilty)
Count 3: causing or allowing the death of a child
1. Were both C and M part of the same household as Victoria -not in dispute
2. did both C and M have frequent contact with Victoria -not in dispute
3. are you satisfied so that you are sure that there was a significant risk of serious physical harm being caused to V by one of the defendants.
(MG and CM to be judged separately)
(Yes= move on to question 4, No= not guilty)
4. whether they are sure V died of an unlawful act. By at least one of the defendants (MG and CM to be judged separately)
(Yes= Guilty, No= Not guilty)
If they were sure of this, the judge said, they had to consider
whether they were sure Mark Gordon was the person who caused Victoria's death or ought to have been aware of the risk of serious harm to Victoria and then failed to take the steps he could reasonably have been expected to take to protect Victoria from death. And then finally, that her death took place in circumstances Mark Gordon foresaw or should have foreseen.
They were then told to ask the same questions about Constance Marten.
If they were sure for both defendants of these questions. Then they were guilty of causing or allowing the death of a child
Count 5: Perverting the course of justice:
He said the jury should be satisfied that there was a series of acts which tended to pervert the course of justice. He said it was a matter for the jury, but they may well think this element was not in issue.
are you satisfied so that you are sure that the defendants' did what they did with the intent to pervert to course of justice – in other words, the police investigation. (IE lying in police interviews)
(Yes= Guilty, No= Not guilty)
www.independent.co.uk
