| The Dundee solicitors for Robert Cunningham, who was jailed for 10 years at the High Court in Glasgow on March 31, confirmed to the Tele today they intended to appeal the conviction by the jury of culpable homicide.
Kevin Hampton of Muir, Myles, Laverty said a notice of Intention to Appeal had been lodged with the High Court in Edinburgh against the jury’s decision.
The lodging of the notice preserves the defence position and allows the defence team time to prepare their grounds of appeal.
It is understood there is to be no appeal against the actual sentence.
Cunningham was sentenced to 10 years’ imprisonment for committing what temporary judge John Morris QC described as a “wanton act of violence against an innocent child”.
The court heard that Brandon, who was 23 months old, died a slow and painful death in March last year after a blow delivered by Cunningham, the drug-using boyfriend of his prostitute mother Heather Boyd.
He had 40 injuries in all.
After his conviction, Cunningham’s sentence was immediately condemned as too lenient by Brandon’s grand-parents Veronica and Raymond Boyd and by child welfare campaigners.
A decision is yet to be taken on whether the Crown will appeal against the 10-year sentence handed down to Cunningham.
A spokesperson said the procurator fiscal at Dundee is aware of the views of members of the victim’s family and will pass the matter to Crown Counsel for their consideration as to whether the sentence is unduly lenient. |
