A father who played a part in breaking his own son’s legs and leaving him permanently scarred has appealed against his 10-year prison sentence.

Antony Smith was locked up in February for leaving baby Tony, then 41 days old, at death’s door with infections and multiple fractures.

It has now been revealed the 46-year-old has applied to have his prison term slashed and a hearing is scheduled to take place at the Court of Appeals next Thursday.

Baby Tony’s adoptive mum Paula Hudgell, from Kings Hill, was told the news just days before the tot’s fourth birthday and admitted it has left a bitter taste.

She said: “I thought everything had calmed down. It is Tony’s birthday on Monday and it has all just hit again.

“He has a pirate-themed birthday party planned. Hearing about the appeal has put a slight dampener on it.

“This was our time to celebrate with him but this is looming. It is difficult.”

Following a judge’s decision to send both Smith and Tony’s biological mother Jody Simpson to jail for a decade, Mrs Hudgell launched a campaign for tougher sentences.

She has been supported by Tonbridge and Malling MP Tom Tugendhat and her petition has amassed more than 2,700 signatures.

Mrs Hudgell said: “It is all going so well.

“In the last few weeks it has really turned a corner. We have got so much social media coverage pushing it through.

“We have done three or four stints at Asda in Kings Hill and we got 300 at a time. The petition isn’t just going around here, it is nationwide.

“I think we are looking at 5,000 signatures coming back. That is my target.”

If you would like to sign Mrs Hudgell’s petition you can visit the Kent Messenger’s office in Middle Row, Maidstone.