AN APPEAL against an "unduly lenient" sentence on a father who killed his five-week-old daughter is to be heard at the Court of Appeal next month.

Andrew Ashurst, aged 22, was jailed for three years in May this year after he admitted the manslaughter of his daughter.

But Crown Prosecution Service solicitors have referred the case to the Attorney General who has now sent it to the appeal court on the grounds that it was "unduly lenient".

The hearing is to be heard in London on November 4.

Ashurst, of Formby Avenue, Atherton, had admitted the manslaughter of Leah Marie Aldridge by shaking her to death in a fit of temper.

When he was jailed at Liverpool Crown Court the judge, Mr Justice Morland, said he sentenced him on the basis that he had not intended to kill the baby or cause her serious harm.

The judge told him: "I am satisfied you inflicted the fatal injury on Leah when in a fit of temper by shaking her extremely violently. I sentence you on the basis it was an isolated incident of violence on Leah."

Andrew Edis, QC, prosecuting, had told the court that Leah was born on November 15, 2002 when her mother, Janine Aldridge was just 16 and Ashurst was 21.

Mr Edis said that on Sunday, December 22, the trio went to a party of Ashurst's niece and the couple had a row. They both later returned home separately and the atmosphere was strained and Leah would not sleep.

The couple went to bed about 3.30am and Leah was in a Moses basket in their room. Half an hour later he took her downstairs as she was crying. Janine went to sleep and woken by Ashurst about 7.20am who said the baby was not sleeping properly.

Mr Edis said: "When she took hold of her she noticed she was floppy, cold, her eyes fixed and she could not breathe property and was trying to cry. She had marks on her nose which were bleeding."

Leah was taken to Bolton Royal Hospital where a CT scan revealed brain swelling and bleeding between the brain and skull. Ashurst claimed he might have banged her head on a chair, door handle or bannister.

She was transferred to Royal Manchester Children's Hospital at Pendlebury where she was kept in intensive care. On Christmas Day Leah's life support system was switched off and she died soon afterwards.

The cause of death was found to be shaking or throwing against a soft object.

David Lane, QC, defending, said that Ashurst, was sorrowful for the death of Leah which he admits was caused by him shaking her when he was very tired and had been drinking.