
Father who murdered daughter in play-fight could have sentence increased
During his trial at Teesside Crown Court, Vickers, 50, had given different accounts of what happened in the seconds before he stabbed a kitchen knife 11cm into Scarlett's lung and heart at their home in Darlington on July 5 last year.
The Solicitor General has referred his sentence to the Court of Appeal under the Unduly Lenient Sentence Scheme, with the case set to be heard by three senior judges in London on Thursday.
Vickers' trial heard how Scarlett's mother, Sarah Hall, was making spaghetti bolognese on the evening of July 5 2024, and she and her daughter threw grapes at each other for fun.
Ms Hall grabbed some tongs and snipped at her partner of 27 years, and when he complained he had been hurt, Scarlett implied her father was being 'wimpy'.
Ms Hall told jurors that during the play-fighting, she turned away to serve the family's evening meal and then heard Scarlett say 'ow'.
She said she immediately saw that their only child was pouring with blood, with Scarlett bleeding to death at the scene.
Ms Hall made a 999 call and told the operator they had been 'messing about' and that her partner had thrown something at their daughter, and he 'didn't realise'.
Vickers told a paramedic that his daughter had lunged towards him during a bout of play-fighting, the court heard, but a jury convicted him of murder by a majority of 10-2 in January.
Sentencing him, Mr Justice Cotter said the version of events that the defendant told the jury – that he had accidentally swiped the knife across the work surface and into his daughter's chest without realising – was 'unconvincing and wholly implausible'.
Vickers had drunk wine and smoked cannabis that night, but the judge was not sure that alcohol had contributed to the offence, which he was convinced was caused by 'a flash of anger'.
Mr Justice Cotter said: 'It stole one young, precious life, ruined your life, your wife's life and Scarlett's relatives and friends.'
He continued: 'You have never accepted exactly what happened, although you have accepted it was your actions that caused her death.
'Your beloved daughter deserved that you told the truth. You have not done so.'
The hearing before Lord Justice Stuart-Smith, Mr Justice Goose and Mrs Justice Eady is set to begin at 10.30am on Thursday at the Royal Courts of Justice.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Daily Mail
11 hours ago
- Daily Mail
Killer Constance Marten is seeking to launch an appeal against her baby death conviction
Killer Constance Marten is looking to appeal her conviction over the death of her newborn daughter. Marten, 38, and her partner Mark Gordon, 51, are currently awaiting sentencing after being found guilty of manslaughter by gross negligence of their baby, Victoria, in 2023. She has now applied to have her conviction reviewed by the Court of Appeal, according to the BBC. The Court of Appeal previously rejected the couple's bid to challenge their child cruelty conviction in their first trial, which ended last year. They were also found guilty of concealing the birth of a child and perverting the course of justice by not reporting her death, however jurors were unable to reach a verdict on manslaughter which prompted a retrial. The Mail previously revealed that Marten was planning to appeal her manslaughter conviction on the basis that the jury was prejudiced after she blurted out that Gordon was a convicted rapist. Her lawyers were planning to claim the trial judge did not warn the jury quickly enough to ignore her own words following the bombshell admission, which almost caused the retrial to collapse. Gordon has also vowed to appeal the verdict, which he claimed was 'faulty' and 'unlawful' moments after his conviction. The couple went on the run from authorities with their baby to prevent her being taken into care between January 3 and February 27, 2023. They were arrested in Brighton, Sussex, following a seven week manhunt. Police later found their baby Victoria dead inside a Lidl bag in a disused shed nearby. Victoria's remains were too badly decomposed to establish the cause of death. Prosecutors claimed she died from hypothermia or was smothered while sleeping with her parents in a tent in cold and damp conditions. The defendants claimed their daughter's death was a tragic accident after Marten fell asleep on her. A jury in their retrial found Marten and Gordon unanimously guilty of manslaughter on Monday after 14 hours and 32 minutes of deliberations. They are now facing years in jail when they are sentenced at the Old Bailey on September 15. In their first trial last year, the defendants were convicted of perverting the course of justice, concealing the birth of a child and child cruelty. In that trial, jurors were not told about Gordon's violent past, which was only partly revealed in their second trial. In 1989, Gordon, then aged 14, held a woman against her will in Florida for more than four hours and raped her while armed with a 'knife and hedge clippers'. Within a month, he entered another property and carried out another offence involving aggravated battery. Gordon, who moved with his mother from Birmingham to the US at the age of 12, was sentenced to 40 years in jail and was released after 22 years. In 2017, Gordon was also convicted of assaulting two female police officers at a a maternity unit in Wales where Marten gave birth to their first child under a fake identity. Jurors were not told that Gordon was also suspected of a incident of domestic violence in 2019 which left Marten with a shattered spleen. Gordon had refused to allow paramedics into their London flat to treat her even though she was 14 weeks pregnant, it emerged during legal argument. She spent eight days in hospital then put her life and that of her unborn child at risk by attempting to discharge herself, with Gordon's support, it was alleged. It was following that incident that the family court decided the couple's other children should be taken into care.


BreakingNews.ie
6 days ago
- BreakingNews.ie
Rapist (79) died alone in custody after family not notified of stroke, investigation finds
A 79-year-old inmate who had been jailed for brutally raping a six-year-old girl died alone in custody after prison authorities failed to notify his family that he had suffered a suspected stroke, an investigation has found. Dan Flynn, a former farm labourer who lived in Tipperary, was sentenced to six years in prison with four years suspended in 2019 after pleading guilty to raping a child when he was 36 years old in 1979. Advertisement The Court of Appeal subsequently found the sentence to have been 'unduly lenient', and said it had not 'come close to reflecting the gravity' of the offence, increasing it to five years. The court said the rape had involved a troubling level of brutality and degradation, hearing that Flynn had thrown his victim onto his bed, telling her 'I have got you now' before raping her and spitting in her face. The victim, who is now a married mother, told the court that he had stepped over her as she lay on the ground after the attack, 'as if I was nothing'. Flynn was living in a community hospital for older people before he was jailed at the Midlands Prison in June 2019. He was suffering from Parkinson's disease and had complex medical needs. Advertisement He was provided with a high-backed orthopaedic chair in his cell, and he received "round the clock" support from healthcare assistants in prison with his personal and hygiene needs as part of an advanced healthcare plan. An investigation into Flynn's death by the Office of the Inspector of Prisons (OIP) found that he was reported to be 'in good form' on the morning of October 8th, 2022, as he watched television in his cell. After lunch, he was helped into bed in accordance with his daily routine, and appeared to be 'fine' when he got up again with the assistance of healthcare professionals around 2.15pm. However, he was found 'slumped over' the arm of his chair around an hour later. He was unresponsive, and his face was slumped to one side, a nurse officer told OIP investigators. Advertisement It was suspected that Flynn had suffered a stroke, and an ambulance was called. He was transferred to Naas General Hospital in the company of two prison escorts around 4pm. Around midnight, Flynn was moved from the emergency department to the intensive care unit (ICU). When a prison officer took over escort duty at 7.15am the next day, they were told by colleagues that they hadn't expected the prisoner to survive the night. At 8.25am, a doctor informed the prison escorts that Flynn had passed away. A prison chaplain who started work at 8am made contact with Flynn's family around 8.30am, advising them that he had become ill and had been taken to Naas General Hospital. Advertisement The chaplain was updated on the situation around 30 minutes later, and had to contact the family again to inform them that Flynn had died, according to the OIP investigation report, which did not identify the deceased by name. The OIP noted that Irish Prison Service (IPS) protocol requires the families of inmates to be contacted 'in the quickest way possible' in the event of grave illness, so they have an opportunity to be with their loved ones. The IPS accepted a recommendation that it should comply with this protocol in future. Ireland Kerry farmer tearfully hugs wife as they succeed i... Read More It also accepted a recommendation regarding the provision of working medical aids and appliances, after the OIP found that an air cushion supplied to Flynn for a bed sore on his buttock had been defective. Advertisement Around a month later, he was found to have developed a second bed sore on the other buttock, and only then did a nurse observe that the air cushion was not working. The OIP report noted that Flynn's family was 'upset' that they had not been informed when he was transferred from the Midlands Prison to Naas General Hospital. It offered its sincere condolences to the family on their loss. If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at or visit Rape Crisis Help.


Times
7 days ago
- Times
Having to admit guilt in order to win parole is wrong
Another apparent miscarriage of justice has emerged. This time, it is the case of Clive Freeman, an 82-year-old former soldier who has spent 37 years in prison for a murder that may never have happened. In 1989, Freeman was convicted of killing a vagrant whose partially burnt body was discovered in his home. The prosecution relied on questionable pathology evidence to claim that the victim was suffocated using a 19th-century 'burking' technique. Freeman has always maintained his innocence. His refusal to confess to the crime has ensured his continued incarceration. The Criminal Cases Review Commission (CCRC) has now concluded there is 'a real possibility' that the Court of Appeal will quash his conviction. The question is whether justice will come in time for a man who is terminally ill and has been separated from his family for nearly four decades. Freeman's ordeal highlights two chronic failings in our justice system: first, that wrongful convictions happen far more often than the state cares to admit; and second, that our parole system cruelly insists that prisoners convicted of serious offences must admit guilt before they can be released, even when they are protesting innocence. The case of Andrew Malkinson is another recent reminder of what is wrong. Malkinson spent 17 years in prison for a rape he did not commit. DNA evidence eventually cleared him, but not before the system had dismissed his appeals, ignored emerging evidence and treated his steadfast claim of innocence as an obstacle to his release. Cases such as Freeman's and Malkinson's are indictments of a process that places too much trust in flawed evidence, resists admitting error and coerces the innocent into impossible moral compromises. How many languish behind bars, wasting years — even lifetimes — because of false allegations, botched investigations, wrongful imprisonment and a state too proud to say it was wrong? The true number is a figure that, if ever revealed, would be difficult for Britain to swallow — and even harder to reconcile with any claim that our country is a paragon of fairness and justice. • Andrew Malkinson: 'What do you think a false rape conviction does to a man's mind?' What should change? First, the requirement for prisoners to admit guilt to qualify for parole must be abolished. Second, the CCRC needs greater independence, resources and powers to compel the disclosure of evidence. It should not take decades for fresh evidence to be properly considered. Third, there must be genuine accountability for police and prosecutors who withhold or distort evidence and for expert witnesses whose flawed testimony helps secure wrongful convictions. Finally, we must change the culture. The justice system must remember that its duty is not to secure convictions at all costs but to seek the truth. That means being willing to revisit cases, admit mistakes and put fairness before finality. Harvey Proctor is a former Conservative MP and the president of Facing Allegations in Contexts of Trust