Summary

  • Constance Marten and Mark Gordon are both sentenced to 14 years over the death of their baby Victoria

  • Gordon will serve a further four years on extended licence - Marten will not be released until she has served at least two thirds of her sentence

  • For a couple who caused so much disruption during their trial, there was no reaction from them as they were handed sentences, writes our correspondent in court

  • Victoria was found dead in a shopping bag in Brighton in 2023 after the pair spent two months on the run - pathologists are still not sure exactly how she died

  • The pair were sentenced for gross negligence manslaughter and other offences

  • Warning: This page may contain distressing details

Media caption,

'What you did towards baby Victoria... can only be described as neglect' - judge

  1. Marten shakes head as judge beginspublished at 14:52 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    The judge, wearing a robe and wig, speaks.

    The judge says it will take a bit of time to read what he has to say, and he tells Marten and Gordon they can remain seated.

    As soon as he started reading out his remarks, Constance Marten was shaking her head.

    Her mother, who was here earlier in the day, has not returned to the court room for the sentencing.

  2. Judge begins sentencing remarkspublished at 14:49 BST

    Judge Mark Lucraft KC has just started delivering the sentences for Constance Marten and Mark Gordon.

    We'll bring you his comments right here - but you can also watch as he delivers them - just press watch live at the top of this page.

  3. Court about to resume for sentencingpublished at 14:47 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Marten and Gordon are back in the dock.

    They are leaning towards each other and are in an intense chat.

  4. Explaining the sentencingpublished at 14:37 BST

    Daniel Sandford
    Reporting from the Old Bailey

    The judge has a number of options when passing sentence. He can pass a normal (determinate) sentence, or he can pass an 'extended' sentence which has an extra element, or a life sentence.

    If he passes a determinate sentence, then Constance Marten and Mark Gordon will have to serve two-thirds of that sentence before being considered for parole.

    So for example if he gives a 12-year sentence the couple could not be released for at least 8 years minus the two and a half years they have already served while awaiting trial.

  5. Another note is passedpublished at 14:33 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    After the judge left court, Marten tried to again give Gordon a note as they were being escorted from the dock.

    It was taken off her by a dock officer.

    Earlier in the proceedings, the judge admonished the pair for passing notes, saying it was distracting and showed a "complete lack of respect".

  6. Marten's lawyer finishes submissionspublished at 14:31 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Barrister Tom Godfrey says "Ms Marten has paid the ultimate price".

    "There was no indication her harm was intentional."

    He is asking for a determinate sentence on Marten.

    Tom Godfrey has finished his submissions.

    The judge has adjourned court again until 14:45, and when he returns, his sentencing remarks will be broadcast. You will be able to watch them by pressing play at the top of the page.

  7. Judge’s sentencing remarks will be broadcastpublished at 14:26 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    You’ll be able to watch the Judge’s sentencing remarks once he begins by clicking play at the top of the page.

    Only the Judge will be on camera, to protect the privacy of any victims, witnesses and jurors.

  8. More security in the dockpublished at 14:17 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    There are now four officers in the dock with Marten and Gordon.

  9. Baby's death 'weighs heavily on her conscience' - Marten's lawyerpublished at 14:13 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Constance Marten's barrister Tom Godfrey says "the sorrow that Constance Marten feels is impalpable".

    "She has, ever since an early stage, accepted that her baby died as a result of something she did. That fact weighs very heavily on her conscience and will do so for the rest of her life".

    Godfrey argues that Marten is suffering from C-PTSD (Complex Post-Traumatic Stress Disorder).

  10. More commotion as Marten and Gordon return to the dockpublished at 14:05 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Marten and Gordon are in the dock, and there's been more commotion. Marten tried to pass another note to Gordon and the dock officer snatched it back, suggesting she wasn’t allowed to.

  11. Court resumes after lunchpublished at 14:03 BST

    Court is back in session.

    As a reminder, Constance Marten and Mark Gordon are due to be sentenced today after being convicted of gross negligence manslaughter. They will also be sentenced for other offences including child cruelty.

    Our correspondents are in court poised to bring you the latest - once the sentencing itself begins you'll also be able to follow along yourself by clicking Watch live at the top of the page.

  12. What have we heard in court so far?published at 13:41 BST

    The court at the Old Bailey has adjourned until 14:00. If you're just joining us, here's the latest:

    Disruption in the dock

    Constance Marten and Mark Gordon have been passing notes, distracting the judge and leading him to tell them it "shows a complete lack of respect".

    Despite threatening to continue without the defendants present, he was distracted a second time. The judge is being much freer of his criticism of the pair today, as he doesn't have to worry about influencing the jury now, writes Daniel Sandford.

    From Mark Gordon's new barrister Philippa McAtasney KC

    • The judge should decide that baby Victoria did not die of hypothermia, but because Constance Marten fell asleep on her, McAtasney said
    • She submitted that this was not a category A (highest level of culpability) case of gross negligence manslaughter

    From Constance Marten's barrister Tom Godfrey

    • He pointed out a lack of pathological evidence for the baby dying from hypothermia, instead submitting that the judge should sentence Marten on the basis of smothering
    • Godfrey says it was not a "very serious example" of gross negligence manslaughter

    On their characters

    • In a letter provided by Marten's mother to the court, she described her daughter growing up as "inquisitive" and "adventurous"
    • Gordon's barrister mentioned reports where he said their whole lives were affected by the children being taken away, and they were suffering from trauma

  13. Commotion in the dock as Marten tries to pass notes to Gordonpublished at 13:33 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Once the judge left the court there was a commotion in the dock.

    Marten tried to hand Gordon a piece of paper and the dock officer took it from her.

    "Don't snatch it off me, are you alright?" Marten said crossly to the dock officer.

  14. Court hears letter from Marten's motherpublished at 13:20 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    In a letter provided by Marten's mother to the court, she describes her daughter growing up as "inquisitive" and "adventurous".

    She says her daughter was "bright" with a "feisty spirit".

    "At school she was loyal to her friends", Marten's mother says, adding that "alongside her strength she also carried her fragility" and at times "struggled with confidence and self worth".

    Marten's mother adds that she "was horrified by the way the court and newspapers portrayed her".

    As Tom Godfrey reads out Marten's mother's letter to court, Marten shows no reaction from the dock and doesn't look over to her mother who is sitting in the well of court.

    The hearing has now been adjourned for a lunch break and will be back at 14:00.

  15. Marten's defence reads letters in supportpublished at 13:19 BST

    Helena Wilkinson and Claire Ellison
    Reporting from the Old Bailey

    Tom Godfrey is now reading out letters in support of Marten.

    One is written by someone who first met Marten as a teenager in Uganda where she was volunteering.

    The friend described Marten as "someone who acts with integrity and kindness towards others".

    A former family housekeeper Cecilia Dubuyer, writes that she remembers Marten as as a "sweet thoughtful young woman" with a "kind heart".

  16. Judge 'distracted' by Marten a second timepublished at 13:08 BST

    Helena Wilkinson
    Reporting from the Old Bailey

    Godfrey, continuing to speak about the death of baby Victoria, says "we accept the court is likely to find that Ms Marten had ignored earlier warnings".

    But, he says the warnings do not show that she had a blatant disregard for a very high risk of death of Victoria.

    But Godfrey is stopped by the judge, who has spotted disruption in the dock again. He asks Marten what it is about his warning that she does not understand.

    Marten speaks from the dock and says that a dock officer is not allowing her to make notes.

    The judge says: "You are entitled to a pen... it's very distracting when I am trying to listen to what you are saying on behalf of Miss Marten," directed to Godfrey.

  17. No need for judge to hold back on criticism todaypublished at 13:02 BST

    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.

  18. Judge tells defendants off for exchanging notespublished at 13:02 BST

    Helena Wilkinson and Claire Ellison
    Reporting from the Old Bailey

    The judge has just told off Constance Marten and Mark Gordon for passing notes.

    He tells them it "shows a complete lack of respect", not just to him, but also to Marten's barrister who is making submissions on her behalf.

    He threatens to continue without the defendants present if the note-sharing carries on.

  19. Baby Victoria's case not 'serious example' of gross negligence manslaughter, Marten's defence sayspublished at 12:59 BST

    Daniel Sandford
    Reporting from the Old Bailey

    Tom Godfrey, representing Marten, says he agrees that gross negligence manslaughter is the "lead offence", and 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.

  20. Marten's defence asks judge to base sentence on smothering deathpublished at 12:50 BST

    Helena Wilkinson and Daniel Sandford
    Reporting from the Old Bailey

    Marten's barrister asks the judge to accept the account given in evidence by Marten about Victoria's death and points out the lack of pathological evidence for the baby dying from hypothermia.

    As a reminder, Marten has maintained that she fell asleep on the baby in the tent they were living in and woke to find that Victoria had died. Marten and Gordon said it was a tragic accident.

    Godfrey submits that the judge should sentence Marten on the basis of smothering.