Constance Marten and Mark Gordon #10

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If the jury can't agree, does that mean that the trial could collapse?
It could mean a mistrial, then up to prosecution if they wanted to go to trial again with a new jury.
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Yes, it’s worrying that it’s not seeming close to a verdict yet.

We know there’s two charges that will be guilty, but I’m concerned that they are in deadlock over the others.
I am thinking deadlock too unfortunately let’s hope we are wrong
 
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If the jury can't agree, does that mean that the trial could collapse?
Yes, if they can’t come to a unanimous decision the judge can allow a majority - but with only 10 jurors now, 9 have to be in agreement for a majority (🤷🏼‍♀️)

The judge will then ask if they can try to come to agreement. If they really cannot, the defendants are effectively free. No sentence.

If the prosecution feel the case and evidence are strong enough to go against another jury, they have to start again. New trial.

The only saving grace here is that we know they will be guilty on concealing birth (and death), and perverting the course of justice by concealment of the body, so there will be some sort of sentence for those.

ETA - if for some reason the jury drops to 9, it has to then be unanimous.
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Does this mean until tomorrow? I have no idea

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How can there be more legal submissions at this stage
Could it be cos there have been verdicts on some of the charges. Yesterday seemed a bit odd.

Edit: or was it the day before? There was a day that seemed different to the yawning chasm of argh.
 
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To be honest I know it’s annoying all these delays, Lucy Letbys was very similar ( actually worse I think) But her appeal has just been denied because the judge covered everything in the trial. So I would rather have delays and allow them to get off because they haven’t covered something legally.
But the jury is taking a long time in my opinion to find them both guilty of all charges, I think they are struggling.
Roll on Monday !
 
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I'm trying to think back what £4.50 would have got you back in the day. Certainly a hot meal in a cafe or pub, even at London prices. Now you get a supermarket meal deal and maybe a Greggs coffee.
The jury should definitely get some Deliberoo delicacies for the duration.
 
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I cannot believe this trial is still going, good God.

I still want to cry when I think of Victoria.
 
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If they can’t agree and the trial needs to be re-sat, I don’t see it coming back to court to be re-sat… the time this has taken up when courts are so behind all the time…. And we can never, ever prove what happened to that poor baby…
 
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Even if it came to a re-trial, I think they'd be let out (and get pregnant) meantime. They've already been on remand over a year.
 
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Even if it came to a re-trial, I think they'd be let out (and get pregnant) meantime. They've already been on remand over a year.
Yes because they wouldn’t be ‘guilty’ in the eyes of the law. I don’t think they can be held any longer if this trial collapses.

They’ll leave the country.
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Although, there are still two guilty verdicts expected.
 
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If they face a retrial for manslaughter charge or found not guilty, so take out these charges what is the likely sentence for other charges? Could they have served enough time on remand already so released next week?
 
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If the jury can’t unanimously (or majority if allowed) find both CM and MG guilty of cruelty then they are instructed that neither can be guilty of GNM or causing/allowing death.

I hope that this isn’t where they’re stuck. I hope they’ve found guilty on cruelty, and are in discussion between GNM and C/A

‘if the jury found the defendants not guilty of child cruelty, they have been directed to also find them not guilty of causing or allowing the death of a child and gross negligence manslaughter. In other words, the two most serious charges in this case.’
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This is my uneducated guess based only on my understanding of the sentencing guidelines.

Perverting the course of justice

I think they could be culpability B, harm 1 (but I don’t know if they can actually rely on the death being serious harm, if they are found NG / no verdict reached on the more serious charges - this could make it lower if not)

So really they could have served 16 months on remand and then be free.

There’s also an argument that a non-custodial sentence could restrict their liberty enough to not meet threshold for a custodial sentence. Eg if they have to present to police daily.


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Being in custody will stop her being pregnant again, and to be honest something similar happening with next child.
So fingers crossed the jury come to correct decision soon.
 
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Being in custody will stop her being pregnant again, and to be honest something similar happening with next child.
So fingers crossed the jury come to correct decision soon.
Totally agree. The best outcome would be a custodial sentence until she’s post-menopause. If only.
 
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Been out for the day and have just checked my phone hoping for a verdict and nothing. Cannot believe this is still ongoing, it's unbelievable!
 
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