Sixteen-month-old Star was murdered by Smith’s partner Savannah Brockhill, who was sentenced to life in prison with a minimum term of 25 years.
Attorney General Suella Braverman has referred Smith’s judgment to the Court of Appeal under the unduly Lenient Sentence scheme.
She said: “I have carefully considered the details of this case and I concluded that I can refer Frankie Smith’s judgment to the Court of Appeal as I believe it is unnecessarily lenient.”
Mrs. Braverman decided, however, that Brockhill’s period was not unnecessarily mild.
She said: “I can only challenge a sentence if it is not just mild, but unjust, such that the judge committed a gross error or sentenced a sentence outside the scope of sentences that are reasonably available in the circumstances surrounding the offense. .
“The threshold is high and the test was not met in this case.”
A life “marked by neglect, cruelty and injury”
During a two-month trial at the end of last year, prosecutors said Star was brought to the hospital from the apartment where she lived with her mother on September 22, 2020, but her injuries were “completely catastrophic” and “insurmountable.”
Mrs Justice Lambert had convicted Brockhill and Smith, of Keighley in West Yorkshire, and told them that Star’s life was “marked by neglect, cruelty and injury”.
A “fatal blow or kick” had caused the toddler to lose half of the blood in his body and caused internal injuries, with force similar to that seen in a car accident, she said.
Prosecutors had said the injuries that caused Star’s death involved extensive damage to her abdominal cavity “caused by a severe and powerful blow or blow, either in the form of blows, punches or kicks to the stomach”.
The jury was also shown a series of CCTV clips, filmed at a recycling facility where Brockhill worked as a security guard, which prosecutors said showed her delivering a total of 21 blows to Star over a three-hour period.
The court was also told that Smith’s family and friends were worried about Star’s bruises in the months before her death.
But Brockhill, 28, and Smith, 20, were able to convince nursing staff that the marks were random or that complaints were made maliciously by people who did not accept their relationship.
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