Amputee baby's father Tony Smith fights jail term

Tony will celebrate his fourth birthday with his adoptive parents on Monday

A man who injured his six-week old baby so badly his legs had to be amputated is appealing against the length of his sentence.

Tony Smith, 46, of Whitstable, was given the maximum 10-year term when he was convicted of causing or allowing harm to his son, also called Tony.

The boy's adoptive mother Paula Hudgell hit out at the move saying her son had been left serving "a life sentence".

Smith's legal representatives have not yet commented to the BBC.

Earlier this year, the boy's biological mother Jody Simpson, 24, who was also convicted on the same charge, began action to have her 10-year term reduced but it is understood she withdrew the bid.

Mrs Hudgell and her husband Mark said they were shocked to learn Smith had launched an appeal.

"Obviously he feels that his sentence is too long. Our Tony has to suffer every single day," Mrs Hudgell said.

Simpson and Smith were jailed for 10 years

Mr and Mrs Hudgell said they had tried to move on following the trial at Maidstone Crown Court in February but this was "dragging it out further" - and overshadowing plans to celebrate their son's fourth birthday on Monday.

"He is a very confident child and we don't want this to define him," Mrs Hudgell said. "We want him to be proud of who he is."

She said they had been open with their son about his past to prepare him for when he asks questions.

Tony's new parents said he was just like any other little boy

Looking ahead to when he starts school, she said: "He's just like any other three or four-year-old little boy, but obviously he struggles with his mobility.

"We will do everything possible to encourage him to achieve whatever he wants to in life."

The couple have begun a petition to campaign for tougher sentences for child cruelty and neglect.

A hearing is listed at the Court of Appeal next Thursday.