THE mother of Star Hobson - Frankie Smith - has had her sentence for allowing the death of her baby daughter extended by four years.

Smith, 20, had her eight year sentence quashed this morning at the Court of Appeal, and extended to 12 years which she must serve in a Young Offender's Institution.

Appearing at the Court of Appeal, representatives for the Attorney General argued that too much weight had been placed on mitigating factors during the original sentencing which were outweighed by the aggravating features of the case.

MORE: Live coverage from Frankie Smith's Court of Appeal hearing

He said trial judge Mrs Justice Lambert had identified a number of points counting against Smith which the AG relied on.

These included the extent of Savannah Brockhill's domestic abuse of Smith being limited, Smith being a cruel and neglectful mother since before she met Brockhill, that Smith's low IQ and immaturity did not affect her decision-making, and that Smith failed to remove Star from danger or the risk of danger when she should have known it was there.

He argued these "outweighed" mitigating factors such as Smith's lack of previous convictions and her being a victim of domestic abuse, "on the Judge's own findings of fact".

"There was an imbalance between aggravating and mitigating features which is what we say makes this unduly lenient," he added.

In mitigation Zafar Ali QC, for Smith, said claims Smith was not remorseful were "incorrect", as she broke down numerous times during the trial and apologised for her conduct, and said the case was "permeated by domestic abuse".

Handing down her verdict, Dame Victoria Sharp, President of the Queen's Bench Division, said: "Star's treatment at the hands of both Brockhill and Smith was harrowing and deeply disturbing.

"We have viewed images which showed many injuries to Star's body; they were deeply distressing images of physical assaults, punishments, mistreatment and neglect to Star.

"Smith accepted she mistreated Star and her behaviour accounted to cruelty. The maximum charge for this is 10 years.

"There were at least eight instances identified, each captured on video. Having seen these images, we do not accept these are the full picture of this.

"There was a consistent pattern of cruelty by Smith towards her daughter in the months before her death.

"Smith should have foreseen what happened to Star by what she had seen happen previously when she returned from Brockhill with serious injuries."

She picked out four points as to why the sentence passed was too lenient: prolonged incidents of cruelty; degradation of the victim; deliberate disregard of Star; and a failure to protect Star from risk.

"In mitigation, there was a mismatch by the Judge. She said Smith's low IQ and immaturity did not excuse her behaviour, but nothing was said as to why it would materially reduce her culpability.

"The Judge referred to Brockhill's violence towards Smith which would make it more difficult for her to report problems. But the Judge earlier found this had been exaggerated and that Smith had chosen to remain in this relationship for her own selfish purposes.

"There was nothing linking the abuse to Smith with her abuse to Star.

"As for Smith's lack of previous convictions, this carries very little weight in this case, as on her own admission she could have been indicted for a serious of offences for child cruelty.

"The final point, to which very significant weight was attached, the loss of her daughter.

"We can never say the point is irrelevant, but what we can say is in this case, where Smith treated Star with such neglect and indifference, the Judge was wrong to attach so much weight to this."

Smith's eight year term was quashed and replaced by a 12-year sentence.

Dame Victoria Sharp also corrected two other errors made in sentencing; Smith, due to her age, will serve her sentence in a young offender's institution, and her offence is not eligible for an extended minimum term, so that is changed from a minimum two-thirds to half.

Speaking after the judgment, the Attorney General Suella Braverman said: “This is a tragic and extremely upsetting case and my thoughts are with all those who loved Star Hobson.

"This case involved prolonged and multiple cruelty and neglect, deliberate disregard, and a failure to take any steps to protect or seek assistance for her before and after her murder.

"No sentence can reverse this tragedy, but I welcome the decision to reflect the gravity of this offending by increasing the sentence today.”

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