A mother falling asleep after breastfeeding her baby is an “almost universal” experience, an infant health expert told a jury at the Old Bailey this week.
Constance Marten, 38, and Mark Gordon, 50, stand trial charged with the manslaughter of their baby daughter Victoria, who tragically died on the South Downs in early 2023. The prosecution alleges Victoria succumbed either to hypothermia or was smothered while co-sleeping with her parents in what has been described as a “flimsy” tent, despite previous warnings about the dangers of such sleeping arrangements.
Marten has previously told jurors that she “blacked out” and fell asleep over her daughter after feeding her, leading to the baby’s death.
Professor Peter Fleming, an expert in infant health, gave evidence this week, explaining to the court that co-sleeping is a common practice in the UK, with roughly 25% of infants under six months sharing a bed with their parents. He highlighted that breastfeeding is “an incredibly demanding process” and that mothers falling asleep afterwards is “almost universal.”
Answering questions from barrister Tom Godfrey, who is defending Marten, Professor Fleming explained the risks involved in sudden infant death. He said the chance of a baby dying suddenly or unexpectedly was about one in 4,000. Certain environmental factors, such as soft bedding and rolled-up items placed around a baby, could double that risk.
“We advise keeping pillows and duvets away from the baby,” he said. However, he noted that other conditions, such as a baby sleeping on a sofa, could increase the risk twentyfold.
Professor Fleming also told the court he had dealt with cases before where a mother had sat up with her baby and then fallen asleep over it, stressing how easily this could happen during the exhausting early months of parenthood.
The prosecution alleges Victoria was inadequately clothed on the night of her death, wearing only a babygrow, and that Marten herself was wet while carrying the baby beneath her coat, factors which could have contributed to the baby suffering hypothermia.
CCTV footage shown in court captured Victoria being placed in a buggy wearing a white babygrow outside a German Doner Kebab shop in east London on 7 January 2023. When asked whether he thought the handling of Victoria at the shop was inappropriate, Professor Fleming said it was “slightly clumsy” but not inappropriate.
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The court has also heard that Marten and Gordon, who have no fixed address, were desperate to avoid their fifth child being taken into care amid a high-profile police search for the missing baby.
Victoria’s body was eventually found inside a shopping bag in a disused shed near Brighton shortly after the couple were arrested.
Both defendants deny charges of gross negligence manslaughter and causing or allowing the death of their daughter between 4 January and 27 February 2023.
Jurors have also been reminded that Marten and Gordon were previously convicted of concealing the birth of a child and perverting the course of justice during an earlier trial.
The tragic case has shone a spotlight on the dangers and challenges new parents face, particularly around co-sleeping and infant care, and the court will now have to determine the circumstances that led to the death of baby Victoria.
