Mandurama baby sex assault: DPP to appeal 'inadequate' sentence

THE Director of Public Prosecutions has launched an appeal against the four-and-a-half year jail sentence handed down for the sexual assault of an 11-month-old baby girl in Mandurama in 2014.

The office of the Director of Public Prosecutions confirmed this week it would appeal the leniency of the sentence in the matter of Brendon Toohey, 40, on the grounds it was "manifestly inadequate".

The father and paternal grandmother of the baby girl - who cannot be named for legal reasons - were devastated by the original sentence and welcomed the news that the DPP would be appealing.

The grandmother said it was the first step in another journey for the family, adding they would never forget their little girl.

"We're very happy," the grandmother said.

"My family and everyone involved will keep seeking justice for her."

The grandmother said April was always a very difficult month for the family, with a number of very painful anniversaries to get through.

The father agreed, saying the anniversary of his daughter's death was devastating.

"She was killed on April 2, cremated on April 11 and her birthday is coming up," he said.

Still, despite his heartache, he said news the DPP was appealing Toohey's sentence gave him hope.

"I'm rapt, absolutely over the moon," the father said. "It's only the first step but it's something.

"After such a shit run, it's a start for us and a start for her [his daughter]."

Toohey was sentenced in the Parramatta District Court last month for sexual intercourse with a person under 10, under authority, following a judge-alone trial before Judge J Bennett.

He had previously been convicted in 2017 and was jailed for seven-and-a-half-years for the manslaughter of the same 11-month-old infant. 

A non-parole period of four-and-a-half years made him eligible for parole on October 8 last year.

The charge of sexual intercourse with a person under 10, under authority, was heard separately from the manslaughter charge, and Toohey was jailed for four years and six months (three years non-parole).

That sentenced dated from March 9, 2016, making Toohey eligible for parole on March 8, 2019 - the day after he was sentenced.

The matter is listed for callover on Wednesday, April 10 in the Court of Criminal Appeal  in Sydney.