GUILTY UK - Constance Marten & Mark Gordon charged in death of baby Victoria, GUILTY on all counts incl retrial on manslaughter, 5 Jan 2023 #9

[Alyce]

Live updates



1 minute ago
The judge is in court, and Gordon’s barrister has asked for more time before the sentencing hearing begins.
Ms McAtasney says Gordon arrived late, and they have only had half an hour for a pre-court conference.
They are considering two expert reports, including one from a forensic psychiatrist.

Judge Lucraft agreed to allow further time, but said the sentencing hearing should start with prosecution submissions, then break for a conference.
He also admonished Gordon for not concentrating on his own barrister’s submissions.
“Mr Gordon seems more interested in talking to Ms Marten at the back of the court, than listening to what you are saying”, he said.

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk

 

[Skigh]

Never had a vomit emoji been more needed !!


Marten just put her hands together in the shape of a heart while looking at Gordon.

 

[Parker Knoll]

They literally do not give a toss.
Zero accountability for the death of their daughter in a freezing tent in the middle of winter.
They make me sick to my stomach.

 

[Skigh]

MGs Counsel for today

Philippa McAtasney KC | Furnival Chambers

Pippa McAtasney is a leading criminal KC with over 30 years’ experience both prosecuting and defending in a broad range

furnivalchambers.co.uk

A stand out silk of her generation; she is a class act who demolishes witnesses, charms juries and changes the judge’s mind."​

In addition to her practice, she has acted as legal advisor to television companies. The most well-known being all three series of the BBC legal drama Silk, as well as the series Apple Tree Yard.


I wonder if she will advise on the Netflix and/or other productions which are bound to follow .

 

[Alyce]

Gordon's barrister asks for more time to preparepublished at 11:25
11:25​

Claire Ellison and Daniel Sandford
Reporting at the Old Bailey


Gordon's barrister is asking Judge Mark Lucraft KC if she can have half an hour to further prepare.

He allows her some time, but says he is "not going to give much more time because Mr Gordon seems more interested in speaking to Ms Marten in the back of the court rather than listening."

The judge adds that he would like to hear from the prosecution before the hearing is adjourned for more legal advice.

As we mentioned a little earlier, Gordon previously said he'd had trouble finding representation.

Constance Marten and Mark Gordon jailed for 14 years over death of their baby

The judge says the couple have not shown any "genuine expression of remorse", after baby Victoria's death in a tent in 2023.

www.bbc.co.uk

 

[Parker Knoll]

Poor woman.

 

[Alyce]

Prosecutor Tom Little has submitted a sentencing note to the court, urging the judge to sentence Marten and Gordon on the basis that baby Victoria “died of hypothermia”.
He relies on an expert, Professor Havenith, who gave evidence in the second trial, recreating the weather conditions when Marten and Gordon entered the South Downs to camp in their flimsy tent.
The couple had walked through the rain to get to their camping spot, and were only in possession of limited clothing and material for warmth.
“It is the Crown’s case that, even on the basis that baby Victoria was being kept under clothing, during the course of a night or nights spent in the tent it would have been necessary to change and feed her and that, as a result, the climatic conditions to which she would have been exposed would have been worse than the “best case” scenarios posited by Prof. Havenith”, Mr Little’s note reads.
“The position is that baby Victoria must have been carried whilst the defendants were walking across countryside in cold conditions (whether in a bag for life or under clothing).
“Further, this court should conclude, baby Victoria had neither a hat nor a coat .... and Prof. Havenith viewed both the tent and sleeping bags purchased by the defendants as inadequate for the climatic conditions at the time.
“In such circumstances, it is a proper conclusion that baby Victoria died by exposure to cold stress.”

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk

 

[Alyce]

Prosecution calls for long jail sentences as Marten’s mother watches on​

Gordon’s barrister Philippa McAtasney KC has asked for a little more time to consider one of the expert reports that have been submitted since the conviction.

The judge has agreed but has said he will hear from the prosecution first and then take a short break.

Tom Little KC, who prosecuted both trials, is now setting out the facts of the case to the court and explaining Gordon’s previous convictions which include a violent rape in the Unites States when he was just 14 years old.

He invited the judge to treat it as a “Category A” case in terms of seriousness which means it would attract a longer sentence.

Marten’s mother, Virginie de Selliers, is sitting in the well of the court listening to the hearing and making notes.




Constance Marten sentenced for killing newborn baby - latest updates

 

[Alyce]

Poor woman.

shortest of short straws

 

[Alyce]

6 minutes ago

Marten and Gordon should face up to 18 years in prison for manslaughter, says prosecutor​

Mr Little has argued the defendants should face up to 18 years in prison for manslaughter.
He says the judge should take into account the following factors:
- Continued offending in the face of obvious suffering to the deceased;
- Negligent conduct in the context of other serious criminality
- Blatant disregard for a very high risk of death;
- Concealment of the body
For aggravating features, he has put forward:
- Breach of trust/responsibility
- Vulnerable victim – a very young baby:
- Planned and considered offending
- Failure to heed previous warnings
- Attempts to conceal evidence/interfere with the investigation
- Previous care proceedings

For Gordon, he urged the judge to consider his past offending including failure to comply with sex offender notifications.

For Marten, Mr Little said she should benefit in mitigation because of a lack of previous convictions.
But he added in his note: “Bearing in mind the seriousness of the offending and the previous care proceedings the Court will have to consider the extent to which Ms Marten’s lack of previous convictions really does amount to mitigation.”

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk

 

[Alyce]

11:40AM

Maximum sentence Marten and Gordon face is life​

The prosecution is now taking the judge through some of the legal guidelines he must consider when determining what sentence to impose.

The maximum sentence for gross negligence manslaughter is life.

Mr Justice Lucraft has said he will rise until 12.15pm to allow Gordon’s barrister to have a brief conference with him.

He will then hear mitigation on behalf of both defendants before passing sentence.

 

[Alyce]

The judge has indicated that he will consider the possibility of a life sentence or an extended prison sentence, if he finds Marten and Gordon to be “dangerous”.
He will conduct a legal analysis of dangerousness, which looks at the risk they may pose to the public of future offending.
Both manslaughter and perverting the course of justice can carry life sentences.

Judge Lucraft has adjourned the hearing for 40 minutes, to give Gordon the chance for a further conference with his legal team.
He has indicated he will spent the time reading expert reports prepared for the defendants.
Court will resume again at 12.15pm.

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk

 

[Alyce]

Another admonishment from the judge for the defendants about their behaviour in the dock.
Marten’s lawyer, Mr Godfrey, intends to rely on an expert report, and the judge asked if he is planning to call the expert to give evidence today.
But the judge then suggested that he does not necessarily need to hear from him, having observed the defendants at length in two trials and is in a “better position” to assess their characters.
“You can’t see what’s going on behind you”, he said to Mr Godfrey, as Marten and Gordon smiled wryly to each other and shook their heads.
Gordon could also be seen doing a sweeping gesture with his hands, as the judge added: “I am going to need great persuasion some of the contents of the reports are relevant at all.”

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk

 

[Skigh]

Another admonishment from the judge for the defendants about their behaviour in the dock.
Marten’s lawyer, Mr Godfrey, intends to rely on an expert report, and the judge asked if he is planning to call the expert to give evidence today.
But the judge then suggested that he does not necessarily need to hear from him, having observed the defendants at length in two trials and is in a “better position” to assess their characters.
“You can’t see what’s going on behind you”, he said to Mr Godfrey, as Marten and Gordon smiled wryly to each other and shook their heads.
Gordon could also be seen doing a sweeping gesture with his hands, as the judge added: “I am going to need great persuasion some of the contents of the reports are relevant at all.”

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk

The judge definitely has the measure of the pair of them. I hope that he is mentally adding a few years on to their sentences watching their behaviour today. No remorse whatsoever and they are pushing the court as far as they can and are very close to what can be classified as contempt.

 

[bmacmillan1]

The judge definitely has the measure of the pair of them. I hope that he is mentally adding a few years on to their sentences watching their behaviour today. No remorse whatsoever and they are pushing the court as far as they can and are very close to what can be classified as contempt.

If I was Martin's mother I would be furious with the behaviour she is showing during the sentencing. She is only making it worse for herself.

 

[Alyce]

Lucraft said he wanted to hear the prosecutor’s remarks. Tom Little KC told the court that Gordon had a previously unknown police caution in March 2013 for failing to sign the sex offender register.

Constance Marten sentencing: aristocrat at Old Bailey to hear fate

Marten and her partner Mark Gordon were found guilty of the manslaughter of their baby, Victoria

www.thetimes.com

 

[Alyce]

Marten and Gordon back in the dock as court resumes​

​

12:15​

Helena Wilkinson
Reporting from the Old Bailey


Court is set to resume shortly, with Constance Marten and Mark Gordon now back in the dock.

Gordon's sister, Karen Satchell, is watching on from the public gallery, while Marten's mother Virginie de Selliers has taken a seat in front of the media.

Constance Marten and Mark Gordon jailed for 14 years over death of their baby

The judge says the couple have not shown any "genuine expression of remorse", after baby Victoria's death in a tent in 2023.

www.bbc.co.uk

 

[Alyce]

Live updates



10 seconds ago
The court hearing is about to resume after the break.
It’s expected that Judge Lucraft will not pass sentence before the lunch break now.
Marten's mother Virginie de Selliers, who had attended her first trial in 2024, has returned to court for her sentencing.
Gordon’s sister is also among those watching on from a packed public gallery.

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk

 

[Yellowbelly]

Prosecution calls for long jail sentences as Marten’s mother watches on​

Gordon’s barrister Philippa McAtasney KC has asked for a little more time to consider one of the expert reports that have been submitted since the conviction.

The judge has agreed but has said he will hear from the prosecution first and then take a short break.

Tom Little KC, who prosecuted both trials, is now setting out the facts of the case to the court and explaining Gordon’s previous convictions which include a violent rape in the Unites States when he was just 14 years old.

He invited the judge to treat it as a “Category A” case in terms of seriousness which means it would attract a longer sentence.

Marten’s mother, Virginie de Selliers, is sitting in the well of the court listening to the hearing and making notes.




Constance Marten sentenced for killing newborn baby - latest updates

The BBC's take

Tom Little KC, for the prosecution, tells the judge that the lead offence is gross negligence manslaughter which has a maximum sentence of life.

He says that this is a category A offence, meaning it has the highest level of culpability. He says if the judge does not agree then it is "plainly" category B.

Little has submitted in the sentencing note in front of the judge that the starting point for the gross negligence manslaughter offence should be 12 years’ imprisonment, with a range of 10 to 18 years’ imprisonment.

That sounds to me like Tom Little KC wants them to get life with a minimum tariff, which would mean that they would serve the whole sentence in prison, rather than be let out on licence half way through.

Constance Marten and Mark Gordon jailed for 14 years over death of their baby

The judge says the couple have not shown any "genuine expression of remorse", after baby Victoria's death in a tent in 2023.

www.bbc.co.uk

 

[Alyce]

1 minute ago
Gordon’s barrister Ms McAtasney has begun her submissions to the sentencing hearing.
Gordon has asked for “the evidence he gave as to the size of his wife’s body at the time” to be considered when the judge is assessing if baby Victoria died of hypothermia.
He also points out his evidence at trial that “their clothing was dry when they were at the petrol station”.
The barrister suggested the manslaughter conviction should not be placed in the highest category of seriousness.

Baby killers Constance Marten and Mark Gordon in court for sentencing - live updates

Constance Marten, 38, and Mark Gordon, 51, are returning to the Old Bailey to be sentenced over the death of baby daughter Victoria

www.standard.co.uk