Constance Marten & Anor v R

Constance Marten & Anor v R

The judge's directions on count 2 were legally and factually correct, the evidence was sufficient for the jury to convict, the directions properly addressed the ambit and basis of the charge, and there was no error in taking partial verdicts or in not seeking further clarification from the jury. The subsequent jury question on the standard of proof did not render the earlier verdicts unsafe.

Parties
Applicant: Constance Marten; Applicant: Mark Alton Gordon; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
12 January 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
applications for leave to appeal refused
Legal Topics
Child Cruelty, Concealment of Birth, Perverting the Course of Justice, Jury Directions, Partial Verdicts, Standard of Proof, Appeals Against Conviction
Criminal Law Child Cruelty Concealment of Birth Perverting the Course of Justice Jury Directions Partial Verdicts Standard of Proof Appeals Against Conviction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Constance Marten

Applicant

Mark Alton Gordon

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the submission of no case to answer on count 2 (child cruelty)
  2. 2 Whether the judge failed to properly direct the jury as to the ambit and basis for conviction on count 2
  3. 3 Whether the judge misdirected the jury regarding co-sleeping as an unlawful act

Ratio Decidendi

The judge's directions on count 2 were legally and factually correct, the evidence was sufficient for the jury to convict, the directions properly addressed the ambit and basis of the charge, and there was no error in taking partial verdicts or in not seeking further clarification from the jury. The subsequent jury question on the standard of proof did not render the earlier verdicts unsafe.

Court Disposition

applications for leave to appeal refused

Orders

  • Applications for leave to appeal against conviction are refused.