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]

1 minute ago
Defence counsel is referring the judge to written submissions prepared ahead of the sentencing hearing.
“The submissions are maintained, as set out in writing”, she says, without orally explaining what those submissions are.

It’s a common problem in the modern courts - lawyers rely on written arguments, uploaded to the court’s computer systems, but not shared with journalists or the public.
Open justice, this is not

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]

46 minutes ago

11.45am

Sentencing should be for ‘lead offence’​

Judge Mark Lucraft agrees with the prosecution that the sentencing for Constance Marten and Mark Gordon should be for the “lead offence” of gross negligence manslaughter with the other charges receiving concurrent sentences.

Marten is watching the judge carefully while making notes on a pad. Gordon looks bored while biting his fingernails.

Lucraft said he has read the judgments from the family court hearings involving the couple, which led to their four older children being placed in care.

The judge said the “release provisions have got rather more complicated of late” with some offences of violence meaning an offender must spend at least two thirds [instead of the standard half] of their sentence in jail while others require a ruling by the Parole Board.

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]

This is from before the break ( The Times are just catching up ) but very relevant to show attitude of the defendants

41 minutes ago

11.50am

Marten laughs at judge’s comments​

The behaviour of Constance Marten and Mark Gordon in the dock at the Old Bailey has been criticised by Judge Mark Lucraft. He told Tom Godfrey, representing Marten: “You can not see what is going on behind you.”

Marten had begun laughing when the judge said he had wider insight into the couple than some of the expert witnesses who have provided reports for the sentencing. Gordon appeared to signal “sweeping under the carpet” with his hands.

Marten earlier made a “heart” hand signal to supporters in the public gallery, who include women campaigning against the courts placing children in care. Gordon’s sister, Karen Satchell, is also in the public gallery.

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]

1 minute ago
On the question of dangerous, Ms McAtasney says Gordon was convicted as a child in the US and served 20 years in prison.
“This defendant grew up in a prison in the US”, she said.
“It is highly likely he experienced significant trauma”, she said.
Ms McAtasney also argued that his 2017 conviction for assaulting police officers was an “isolated incident”.

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]

1 minute ago​

​

​

Mark Gordon: "I'm always the bad guy"​

Mark Gordon said his “whole life imploded” when their baby Victoria died.
“It is quite clear from speaking with Mark Gordon that when the children were removed from him and his wife, that caused a great deal of upset and anxiety, and it was traumatic”, said Ms McAtasney.
“The children being taken away affected everything, it affected their whole lives.
“He accepts poor decisions were made which clearly he very much regrets. He couldn’t grieve once the baby died.”
The barrister said Gordon told them: “I can’t grieve, I’m always the bad guy.
“I regret things happened the way they happened, that something couldn’t have been done.
“He will live with this for the remainder of his life.
“He regrets he could not have done something to forestall what happened.”
Gordon says “they were in pain, they cared very much about their baby, and they had irrational thinking, no doubt brought about by the fact they were evading the authorities and living in the way they were”.

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]

Philippa McAtasney KC has begun mitigation on behalf of Gordon.

She explained that three separate pre-sentence reports into Gordon have concluded that he should not be considered as “dangerous” and a significant risk to the public.


www.telegraph.co.uk

 

[Alyce]

Gordon's defence has finished - now onto Marten's


just now
Thomas Godfrey, representing Marten, tells the judge her account of when baby Victoria died should be accepted as the truth.
“It was an account of Victoria dying when she (Marten) fell asleep”, he said.
“The acceptable of killing ones own child in these circumstances is powerfully supportive of the veracity of that account”, 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

 

[Alyce]

Marten's defence asks judge to 'pause' before deciding cause of death​

​

12:43​

Daniel Sandford
Reporting from the Old Bailey


Mark Gordon's barrister has wrapped up and we are now hearing from Constance Marten's barrister Tom Godfrey KC.

He is is the only survivor of her legal team that started her first trial. He managed to remain employed throughout both trials, while two KCs were sacked.

Godfrey argues that the judge should "pause" before concluding that baby Victoria died of hypothermia, suggesting there is "doubt".

"My Lord cannot conclude to that criminal standard that Victoria died of hypothermia," he says.

"My Lord should accept the account given by Constance Marten so far as when the baby died and the mechanics of it."

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]

How baby died will impact the couple’s sentence​

Tom Godfrey, the barrister representing Marten is not making mitigating submissions on her behalf.

He did invited the judge to reject the idea that baby Victoria died as a result of hypothermia.

The defendants claim the baby was accidentally smothered when Marten fell asleep on her in the tent.

If the judge concludes that Victoria froze to death he is likely to hand down a stiffer sentence.



www.telegraph.co.uk

 

[Yellowbelly]

Gordon's defence has finished - now onto Marten's


just now
Thomas Godfrey, representing Marten, tells the judge her account of when baby Victoria died should be accepted as the truth.
“It was an account of Victoria dying when she (Marten) fell asleep”, he said.
“The acceptable of killing ones own child in these circumstances is powerfully supportive of the veracity of that account”, 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

I'm sure that HHJ Lucraft is going to remember that the reason we don't know if Victoria died from hypothermia or smothering is that this pair buried her body under a pile of rubbish and did a runner without reporting the death.

 

[Alyce]

12:57PM

Judge slams Marten and Gordon for sharing notes in the dock​

Mr Justice Lucraft interrupts Mr Godfrey to admonish the defendants for sharing notes in the dock.

He warned them that if they do not stop he will remove them from the court and carry on the hearing without them.

The judge went on to accuse the pair of showing a “complete lack of respect” for the court.



www.telegraph.co.uk

 

[bobbymkii]

1 minute ago
Defence counsel is referring the judge to written submissions prepared ahead of the sentencing hearing.
“The submissions are maintained, as set out in writing”, she says, without orally explaining what those submissions are.

It’s a common problem in the modern courts - lawyers rely on written arguments, uploaded to the court’s computer systems, but not shared with journalists or the public.
Open justice, this is not

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

Re: BBM

As one of the current spectators in the court once infamously said during trial 1:

"Quite!"

 

[Alyce]

Baby Victoria's case not 'serious example' of gross negligence manslaughter, Marten's defence says​

12:59​

Daniel Sandford
Reporting from the Old Bailey


Godfrey, representing Marten, says he agrees that gross negligence manslaughter is the 'lead offence', and that that the other sentences should be 'concurrent'.

That means they should be served at the same time.

He says there shouldn't be further uplift on the sentence due to the other offences.

"We say this was not a very serious example" of gross negligence manslaughter, Godfrey tells the court.

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

Judge threatens to remove defendants from dock over 'lack of respect'​

A third rebuke for the defendants in the dock.
The judge accuses them of sharing notes, instead of concentrating on the submissions of Marten’s barrister.
The judge threatened to have them removed from the dock if they continue, and told Mr Godfrey: “It shows a complete lack of respect, not only for me and the court, but also for you.”

Marten has spent much of her barrister’s submissions reading through the large stack of papers which she has with her in the dock.
For much of the time, Gordon has watched his partner as she reads.
After a few minutes, the judge stopped proceedings again when he saw Marten hectoring the guard sat next to her.
He called her behaviour “distracting” and repeated the threat to remove her from the dock.
Moments earlier, Gordon had tried to hand Marten a pen across the dock, but it had been seized by the guard between them.
“She is not allowing me to write notes on what he (Godfrey) is saying”, Marten told the judge.
“I’m entitled to a pen, I need to use one.”
The judge then allowed her to have the pen.

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]

No need for judge to hold back on criticism today
13:02​

Daniel Sandford
Reporting from the Old Bailey


The judge is being much freer of his criticism of the defendants behaviour in court today, as he does not have to worry about influencing the jury now.

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

 

[Teignmouth 22]

12:57PM

Judge slams Marten and Gordon for sharing notes in the dock​

Mr Justice Lucraft interrupts Mr Godfrey to admonish the defendants for sharing notes in the dock.

He warned them that if they do not stop he will remove them from the court and carry on the hearing without them.

The judge went on to accuse the pair of showing a “complete lack of respect” for the court.



www.telegraph.co.uk

Still incapable of behaving like responsible adults in court I see, right up to the very end.

They should get consecutive extra time for repeated contempt.

 

[Alyce]

Still incapable of behaving like responsible adults in court I see, right up to the very end.

They should get consecutive extra time for repeated contempt.

I really hope the Judge does add something to their sentences for this disrespectful attitude to the court.
Today, as we know, is far from an isolated incident, they have been contemptuous many times during both trials.

 

[Skigh]

.
After a few minutes, the judge stopped proceedings again when he saw Marten hectoring the guard sat next to her.
He called her behaviour “distracting” and repeated the threat to remove her from the dock.
Moments earlier, Gordon had tried to hand Marten a pen across the dock, but it had been seized by the guard between them.
“She is not allowing me to write notes on what he (Godfrey) is saying”, Marten told the judge.
“I’m entitled to a pen, I need to use one.”
The judge then allowed her to have the pen.


This behaviour sounds like that of immature adolescents trying to rile their teacher .

 

[Alyce]

.
After a few minutes, the judge stopped proceedings again when he saw Marten hectoring the guard sat next to her.
He called her behaviour “distracting” and repeated the threat to remove her from the dock.
Moments earlier, Gordon had tried to hand Marten a pen across the dock, but it had been seized by the guard between them.
“She is not allowing me to write notes on what he (Godfrey) is saying”, Marten told the judge.
“I’m entitled to a pen, I need to use one.”
The judge then allowed her to have the pen.


This behaviour sounds like that of immature adolescents trying to rile their teacher .

It really does. Why didn't she bring a pen with her.

 

[Skigh]

It really does. Why didn't she bring a pen with her.

I would hazard a guess that she has a selection of pens with her which she has chosen to forget she has. She is resorting to behaviour which she probably used numerous times in her school days. Neither of them has ever grown up to become fully functioning adults. They are both stuck as truculent teenagers fighting authority.