Constance Marten has been granted permission to appeal her 14-year prison sentence imposed following the death of her baby daughter, Victoria.
Marten, 39, and her partner Mark Gordon, 52, a convicted rapist, were found guilty of manslaughter, child cruelty, concealing the birth of a child and perverting the course of justice following two lengthy trials at the Old Bailey.
The couple went on the run with their newborn daughter in early 2023 in an attempt to prevent her from being taken into care.
Four of the couple’s other children had previously been removed by social services.
Marten and Gordon spent weeks travelling around the country before living with Victoria in a tent on the South Downs during freezing winter conditions.
After seven weeks on the run, the pair were arrested in Brighton.
Victoria’s body was subsequently discovered inside a Lidl bag among rubbish in an abandoned shed nearby.
Judge ruled Victoria died from hypothermia
Sentencing the couple, Judge Mark Lucraft KC concluded that Victoria died from hypothermia after being exposed to “significant cold stress”.
He rejected Marten and Gordon’s account that their daughter had accidentally been smothered while they slept.
The judge said Victoria’s extreme vulnerability aggravated the offending and criticised the couple for failing to heed previous warnings from authorities.
He described their actions as displaying “arrogance” and said their treatment of Victoria amounted to “neglect of the most serious type”.
Both Marten and Gordon were sentenced to 14 years in prison.
Gordon was additionally given a four-year extended licence period.
Marten seeking to challenge conviction
Marten has now renewed her application for permission to appeal her gross negligence manslaughter conviction.
She has already been granted permission to challenge the length of her 14-year sentence.
The granting of permission does not mean the sentence has been overturned. The Court of Appeal will consider the challenge before deciding whether the sentence should remain in place or be altered.
A date for the appeal hearing has not yet been announced.
