Constance Marten has been granted permission to appeal the 14-year prison sentence imposed on her following the death of her baby while she and her partner were on the run from authorities. The decision means Marten will now be able to challenge the length of her sentence before a higher court.
Background to the case
Marten, 39, and convicted rapist Mark Gordon, 52, were in hiding when their baby daughter, Victoria, died in a tent on the South Downs in southern England in January 2023. They had fled authorities to prevent Victoria being taken into care, as four other siblings had been before, their Old Bailey trial was told.
They were found guilty of her manslaughter, child cruelty, concealing the birth of a child and perverting the course of justice following two trials spanning six months each. Judge Mark Lucraft KC jailed them both for 14 years and handed Gordon a further four years on extended licence.
Judge's findings
Judge Lucraft accepted the prosecution case that baby Victoria died from hypothermia after being exposed to “significant cold stress”. He rejected the defendants’ claims that Victoria was smothered in a “terrible accident” as they slept in the tent.
The offending was made worse because the baby was vulnerable and the defendants failed to listen to past warnings. In a televised sentencing, Judge Lucraft told the defendants: “It is clear throughout the period neither of you gave much or any thought for the care or love for your baby.” The judge said they had displayed “arrogance” and treated Victoria to “neglect of the most serious type”.
Fleeing and arrest
Police launched a nationwide search for the couple after their car caught fire on a motorway near Bolton, Greater Manchester, on 5 January 2023.
The pair then travelled across England and deliberately avoided contact with authorities, living off-grid and sleeping in a tent on the South Downs, where their baby daughter, Victoria, died a few days later.
After spending seven weeks on the run, they were eventually arrested in Brighton. Following an extensive search, officers discovered the baby's body in a disused shed nearby, concealed in a Lidl shopping bag among rubbish. A court date for the appeal is yet to be set.
