Aristocrat Constance Marten and her convicted rapist partner have each been jailed for 14 years for killing their newborn baby while on the run from authorities.
Marten, 38, and Mark Gordon, 51, returned to the Old Bailey on Monday to be sentenced over the death of daughter Victoria in early 2023.
Judge Mark Lucraft KC, the Recorder of London, branded the couple selfish and arrogant, and said they had put their own needs before the safety of their newborn child.
Marten and Gordon exposed Victoria to dangerous conditions when they went into hiding to avoid her being taken into care, as four other siblings had been before.
Police launched a nationwide hunt after their car burst into flames on a motorway near Bolton, Greater Manchester, on January 5, 2023.
The defendants travelled across England and went off-grid, sleeping in a tent on the South Downs where baby Victoria died days later.
After seven weeks on the run, the defendants were arrested in Brighton. After a desperate search, police found their baby dead amid rubbish inside a Lidl bag in a disused shed nearby.
A retrial jury found Marten and Gordon unanimously guilty of manslaughter in July.
Follow our coverage of the sentencing as it happened below.
Key Points
- Constance Marten: The aristocrat who fell from high society to become a convicted baby killer
- Inside the complex family Constance Marten left behind
- Crichel House: Constance Marten's ancestral country estate
- Constance Marten sighs and shakes head as she is jailed for 14 years
- Constance Marten's mother defends "kind and courageous" daughter
Coverage ends
18:31 , Matt WattsWe are ending out live coverage of the sentencing of Constance Marten and Mark Gordon. Read our full report here.
On remorse:
“In my judgment there has been no genuine expression of remorse from either of you: whilst there have been expressions of sorrow about the death, throughout you have adopted the stance of seeking to blame everyone else rather than yourselves for what happened.”
Gordon was “guarded and evasive and frequently deflected direct questions” when interviewed by a probation officer.
The judge concluded by commending the police officers who had been on the case:
“This was a difficult and painstaking investigation for which many police officers were involved. I express my sincere thanks to all involved. Inevitably, some officers will have undertaken a significant amount of work to bring a case of this nature to court and to a conclusion. I would particularly wish to commend Ian Valentine, Martha Bourne and Leanne Crowdy for their commitment and work on this case.”
Some more choice quotes from Judge Mark Lucraft KC:
“When you were arrested neither of you was prepared to give any assistance to the police about the whereabouts of your daughter’s body. Your silence at that stage of events is highly significant. If, as you both sought to claim, this was a terrible accident, why not alert the authorities then and why, once arrested, not say where the body was to be found? You claimed you wanted dignity for your baby’s body, and yet your conduct displays the complete opposite.”
“You have both sought to put the blame on everyone else: on the police for the hunt for the baby and you; on members of the public - you have claimed some have made-up what you said or did in their presence, for others you suggest all they wanted was their own moment in the limelight. What your attitude completely fails to acknowledge is that it was the safety and wellbeing of your baby and the two of you that was the paramount concern of the police and members of the public. Had the police not sought to find you, or to make public appeals for assistance, and members of the public not responded by reporting sightings, then many would criticise them for not acting as they should have done.”
“To most right thinking people their children are the most precious beings: to be nurtured and cared for; to be kept warm; to be fed – even at the expense of the parents own comfort - and above all, to be loved. What you did towards baby Victoria, despite all you claim to have done, can only be described as neglect – neglect of the gravest and most serious type that led ultimately to her death by your gross negligence.”
Enough lawyers to fill a rugby squad have come and gone in the course of this case.
One of them, Lewis Power KC, a barrister at Church Court Chambers, has spoken out now that sentencing has concluded.
He was the first King’s Counsel to be instructed for Constance Marten, and represented her in the early stages of the criminal case.
"This case was fraught with complexity and the deepest human tragedy and the sentences imposed were reflective of the true criminal culpability."
Jaswant Narwal, Chief Crown Prosecutor for the CPS, said: “We were determined to seek justice for baby Victoria and honour her tragically short life.
“Marten and Gordon used different antics to frustrate and delay court proceedings, doing everything in their power to try and delay facing responsibility for their actions.
“No child should have had its life cut short in this preventable way. I hope today's sentences provide a sense of justice and comfort to all those affected by this tragic case.”
Here is a full story on today’s sentencing hearing from the Old Bailey in London.
Judge Lucraft is the most senior judge in the building, and this case has dominated large section of reporting from the courthouse over the course of two years.
Marten and Gordon have made few friends with their behaviour in the court proceedings, and signed off today with a series of spats with the guards in the dock.
We can expect at least Marten back in court in the future, when she mounts her appeal against the manslaughter conviction.
And from the officer who led the manhunt, Detective Superintendent Lewis Basford: "Victoria's death was completely avoidable. The couple had plenty of opportunities to do the right thing and come forward to ask for help. They knew that officers were looking for them.
"I would like to thank the media for the support they showed throughout the search, as well as the many members of the public who reported sightings. I'd also like to thank the jury for their patience and resilience in having to sit through a long trial where they had to listen to Marten and Gordon's horrific actions.
"This information was incredibly important, and officers travelled across the country to track down CCTV and speak to witnesses.
"Speaking personally as a father, I find it hard to comprehend how, instead of providing the warmth and care their child needed, Mark Gordon and Constance Marten chose to live outside during freezing conditions to avoid the authorities." :
Detective Chief Inspector Joanna Yorke, who led the Met Police homicide investigation, said: "The selfish actions of Mark Gordon and Constance Marten resulted in the death of an innocent newborn baby who would have recently had her second birthday and should have had the rest of her life ahead of her.
"This was an incredibly challenging investigation for the hundreds of officers across the UK who were involved in the search. Our main focus throughout the search was finding Victoria alive and we were devastated by the outcome.
"We know today's sentencing won't bring Victoria back, but I am pleased our investigation has resulted in the couple who caused her death finally being brought to justice."
Today’s sentencing means that both Marten and Gordon are likely to spend most of the next six years in prison before being released.
Gordon’s sentence means he will spent much longer under scrutiny on licence, and with the threat of a return to custody if he offends again.
He will continue to be a register sex offender, and will have to continue reporting to police when he is next set free.
Constance Marten let out a sigh as she was sentenced to 14 years in prison, and was told she must serve two thirds of that jail term.
She was also seen shaking her head as Gordon was sentenced to 14 years in prison with an extra four years on licence.
The couple did not get the chance to speak to each other as they were led away to the cells.
Mark Gordon has been sentenced to 14 years in prison, with four extra years on licence.
The judge found him a dangerous offender.
Constance Marten was jailed for 14 years.
Judge says some of what Constance Marten says “are simply not reliable”.
He has trotted through the material put before the court on her behalf, including the character references and a pre-sentence report.
He says he will not be making a finding of dangerousness against Marten.
Marten and Gordon jailed
15:19 , Tristan KirkJudge Lucraft said he has seen no remorse from the couple.
“There have been expressions of sorrow”, he said.
“But throughout you have adopted the stance of seeking to blame everyone else but yourselves for what happened.”
Judge Lucraft has now turned to the behaviour of Marten and Gordon when they were arrested.
He points out they did not immediately say where baby Victoria’s body was.
“Your silence at that stage is highly significant”, he said.
“If this was a terrible accident, why not alert the authorities then and there, and when arrested not say where the body was to be found.”
He added that the couple had claimed they wanted “dignity” for the body, but their conduct did the opposite.
The judge has now moved on to the manhunt for Marten, Gordon, and their newborn baby.
He says the couple claimed baby Victoria was dressed in a ski jacket for warmth.
But he finds the newborn was “clad in little more than a simply baby grow and not in a sling”.
The judge has now moved on to the birth of another child, when Marten had blocked social services from seeing her and offering advice and care.
Marten and Gordon abandoned their fourth child at a hospital to go to court for a hearing involving care proceedings.
Marten had been advised to stay at hospital, and when she tried to return the next day she was denied access because she refused to take a Covid test.
The judge said the conduct of the couple in care proceedings was not part of the trial, but may now feed into his determination of whether they are dangerous offenders.
Judge says Marten and Gordon have “sought to paint a picture of being caring parents”, but the evidence before the court shows the “actual position is very different”.
He highlights their behaviour at the birth of an earlier child, when they went under aliases and made up a backstory about not having the backing of their family for having a child out of wedlock.
The judge said it shows their willingness to lie when necessary.
Judge slams 'arrogant' Marten and Gordon
14:55 , Tristan KirkMarten received £47,886 between September 2022 and early January 2023.
The judge said she had access to substantial family funds.
He says it cannot be said exactly when baby Victoria died, as “much of what you said at different times can’t be relied upon”.
The judge called the couple “arrogant”, and said their behaviour when on the run betrayed a “paramount concern.. to avoid detection and get abroad”.
“Neither of you gave much if any thought to the care of your baby”, he said.
“Every focus was on yourselves.”
Judge starts sentencing remarks
14:50 , Tristan KirkThe judge has started his sentencing remarks.
He is summarising the crimes that Marten and Gordon were convicted of at the two trials.
Judge Lucraft is expected to make a series of findings of fact during the course of his remarks, before reaching a final determination of the jail terms.
The sentencing hearing has been punctuated by the defendants getting told off by the judge for not paying attention, and some apparent tension in the dock between Marten and Gordon.
As the judge adjourned, Marten attempted to hand a note she had written to Gordon.
It was, however, snatched away by one of the guards who is sat between them.
The note eventually made its way into Gordon’s hands after the security guard had scanned over its contents.
The couple have been animated in conversation with each other throughout today’s hearing, but without the expressions of love that have been evident at previous hearings.
Closing his submissions, Mr Godfrey said Marten should not be assessed as an ongoing risk to the public.
He said any risk would be “confined to any future children”, and urged the judge not to find there is a risk when passing sentence.
Judge Lucraft has adjourned, and will pass sentence at 2.45pm.
Back underway in court 8, as Marten’s barrister Thomas Godfrey, says the death of baby Victoria has left her with an “incalculable” sorrow.
“The fact a baby died because of something she did lays very heavily on her conscience, and will do so for the rest of her life.
“This court could accept that sadness and remorse as entirely genuine.”
He said an expert has assessed Marten as having PTSD, as well as a mild depressive disorder.
“It is very likely PTSD was present during the period of the alleged offences”, he said.
Marten 'a wonderful person with many admirable qualities', says former housekeeper
13:28 , Tristan KirkCourt has adjourned until 2pm.
Before the break, a statement from Marten’s family’s housekeeper, Cecilia Robayo, was also read out.
“Sweet, polite, and thoughtful young woman”, was her assessment of Marten.
“She has a genuinely kind-hearted and a caring nature”, she said.
“I’ve always admired the way she treats those around her with respect.
“Constance always stood out for her positive character. In my eyes, Constance is a wonderful person with many admirable qualities.”
Constance Marten's mother pays tribute to "kind and courageous" daughter
13:24 , Tristan KirkConstance Marten’s mother, Virginie, and step father, Guy, have put forward character references on her behalf.
Virginie said her “inquisitive and adventurous” daughter grew up into a “determined woman”, who “never shied away from standing up for what she believed in”.
She said her daughter is “determined and courageous”, who stood by her friends at school, as well as being filled with “humour and warmth”.
“She also had a fragility of nature. For all her brightness and bravery, she often doubted herself”, she said. “She struggled with confidence and self-worth.
“But her loyalty and passion for others were unwavering.”
She went on: “I was horrified by the way the court and newspapers have portrayed her.
“The cruelty of the labels used does not reflect the daughter I remember.
“What I do know is she showed sheer determination when it came to fighting for her children and Victoria.
“It is my sincere hope that when considering her future, her courage, loyalty, and deep sense of fairness are not overlooked.”
Marten’s stepfather said they had a close relationship “until she met Mark Gordon and became estranged from her family”.
He called Marten a “fascinating woman”, praising her empathy, kindness, and sense of adventure.
“She is fundamentally a very generous and kind person”, he added.
Judge threatens to remove defendants from dock over 'lack of respect'
13:01 , Tristan KirkA 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.
Mr Godfrey is submitting on Marten’s behalf that the judge should not sentence the manslaughter in the highest category of seriousness.
“It is not a very serious example”, he argued.
Prosecutors have suggested Marten and Gordon’s “negligent conduct continued in the face of obvious suffering”.
But Mr Godfrey insisted the couple had not continued their conduct in the knowledge that baby Victoria was suffering.
“That is not made out in these circumstances”, he said.
He added that the couple’s “negligent conduct” took place in the tent, shortly before the baby died.
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.
Mark Gordon: "I'm always the bad guy"
12:39 , Tristan KirkMark 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”.
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”.
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
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.
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.
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.”
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.
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.
Marten and Gordon should face up to 18 years in prison for manslaughter, says prosecutor
11:33 , Tristan KirkMr 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.”
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.”
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.
Constance Marten, with her hair braided, has entered the dock ahead of the start of the hearing in court 8.
She is carrying a dense collection of papers, and is wearing a white top, blue jacket, and a light blue scarf.
Marten is also flanked by two security guards.
A minute later, Gordon enters, dragging two bags of his possessions behind him.
The couple exchanged glances as they arrived, and after then engaged in conversation.
Gordon is wearing a black head covering, light blue shirt, and a grey tie.
Protesters against forced separation of children from their mothers have gathered outside the Old Bailey ahead of the sentencing hearing.
They have been a regular presence during this case.
In court, we are expecting quite a few jurors from both trials to return to court to watch Marten and Gordon being sentenced.
The first jury returned guilty verdicts on charges of child cruelty, perverting the course of justice, and concealing the birth of a child.
They, however, could not decide on the charge of manslaughter.
The second jury did return a verdict, and found Marten and Gordon guilty of killing baby Victoria by gross negligence.
On the other side of the court, there are more than 35 members of the media covering today’s proceedings.
In the middle, prosecutor Tom Little KC is ready and in position.
Philippa McAtasney KC is representing Gordon today, while Marten has barrister Tom Godfrey for her submissions.
The Old Bailey trials were marked by constant delays, as well as arguments in court often coming from the dock.
Gordon eventually sacked his legal team entirely and represented himself towards the latter end of the case.
He frequently became argumentative towards Judge Lucraft, and complained that he was not having a fair trial.
Marten was no less argumentative, accusing the media of breaching their privacy by looking at them, and making derogatory comments aimed at the judge.
She also held up her evidence for several days with complaints of toothache, before refusing to receive treatment, and she used a convicted fraudster’s magazine to complain about the prison transport and jail conditions.
After trial, she again agreed to be interviewed in order to liken the prosecutors to Dementors from Harry Potter.
In the background was Gordon’s past convictions.
In 1989, he was jailed in the US for raping a neighbour during a four-hour ordeal when she was held against her will.
He was just 14-years-old at the time, and had gone on - around a month later - to attack a man during another home invasion.
In 2017, Gordon was also convicted of assaulting two police officers when they came to investigate his and Marten’s bizarre behaviour at hospital when one of their children was being born.
This criminal background was held back in the first trial the couple’s faced, for fear of prejudicing the jury. But it was aired in the second trial when Marten blurted out the news of his US jail sentence and Gordon tried to pretend to the jury that he is a man of good character.
Anyway, back to the case.
The manhunt was launched and made front page news when a placenta was found in a burning car that had been abandoned at the side of the motorway by Marten and Gordon.
That was the moment that the authorities realised it was not just the couple who were fleeing, but they now had a newborn baby in tow.
Four of their children had already been taken from them by the courts, after an incident when a pregnant Marten fell out of a window and ruptured her spleen.
It’s now clear that the sentencing hearing will not start until at least 11am.
Delays are a reality in the justice of England and Wales, and not just the months and years that some people have to wait to get to their trial.
There’s a chronic problem of bringing defendants to court on time from prison, so that they can have a conference with their lawyer and be brought into the dock for the time when the hearing is due to start.
Over the course of two trials, we learned how Marten and Gordon travelled around the country, using taxis to stay ahead of the chasing police, staying incognito in hotels, and eventually resorting to sleeping in a tent on the South Downs.
The motive was to avoid their baby Victoria being taken into care.
This is the fate that befell their other four children, thanks to serious safeguarding concerns.
Today’s hearing brings to a close a two-and-a-half year saga which began in early 2023 when the couple went missing with their newborn baby Victoria.
A nationwide manhunt was launched and in late February 2023 the couple were caught and arrested, while scavenging for food at the back of a golf club.
Their baby was not with them, and the couple initially refused to say where she was. But eventually police made the grim discovery of Victoria’s body in a Lidl bag-for-life in a disused shed near Brighton.
Here’s the full story of how this story unfolded
Prosecutors are expected to make submissions to the court about sentencing guidelines, factors aggravating the crimes, and possibly victim impact statements.
Then lawyers for Marten and Gordon will have the chance to address the court on mitigating factors, their own take on sentencing guidelines, and any other matters that they think the judge should consider.
Judge Lucraft is aiming to pass sentence before lunch, but Marten’s delayed arrival could change that.
Good morning from the Old Bailey, where Constance Marten and Mark Gordon are expected to be sentenced later today by Judge Mark Lucraft KC, the Recorder of London.
The hearing is due to start at 10.30am, but there is going to be a delayed start as Marten has not yet arrived at the court.
She is travelling by transport from HMP Bronzefield, where she has been held for the last two-and-a-half years.
