Lawyers for a Queensland woman want to appeal her 18-month sentence for failing to supply the necessities of life to her baby boy who died, arguing it is too long given her circumstances.
Megan Jean Freeman, 26, admitted the crime and was jailed earlier this year, some six years after her 11-week old boy was taken to a Brisbane hospital with significant injuries.
He died eight days later.
Her lawyer Andrew Hall sought to appeal the length of her sentence in the Brisbane Court of Appeal on Monday.
Mr Hall told the court Freeman's sentence was too long given her vulnerability and circumstances and she should be released immediately.
"The prime mover behind her offending was that she is a victim of domestic violence, which she endured at the time of the offending," he said.
Freeman had "faced daily violence" in her North Rockhampton home, which she shared with her de facto partner, Christopher Allan Holland, he said.
"It explains in a significant way as to how she failed to seek assistance for help."
Mr Hall said Freeman, who was 20 when her son died, was of "extremely low intelligence".
"She was a very young offender in a very vulnerable position," he said.
"There is an explanation for her offending without being excuses, powerful mitigation, which would ultimately lead to this court appealing the sentence imposed."
However, crown prosecutor Caroline Marco said the sentencing judge had taken the allegations of domestic violence and Freeman's intellectual impairment into account.
A proper sentence has been imposed, she said.
The Court of Appeal has reserved its decision to a date to be set.
Australian Associated Press
