A couple convicted in the John Smith cruelty case have launched a legal battle to reduce their sentences.

Michelle McWilliam, 35, and her husband, Simon, 41, of Gardner Road, Fishersgate, Southwick, were convicted of cruelty to four-year-old John, their adoptive son, at Lewes Crown Court last month.

They were sentenced to eight years in jail.

Yesterday, Judge Roderick Evans, at the Court of Appeal, was presented with papers from the couple's legal representatives.

Both have applied for leave to appeal against the length of their sentences.

In addition, Michelle McWilliam seeks leave to appeal against her conviction.

James Sweeney, John's grandfather, said last night he hoped the McWilliams would not be allowed to appeal.

He said: "They got off lightly anyway, considering what they did, so I would be surprised if their sentences were reduced.

"They should have got at least 14 years. If they do go back before a judge, I hope they will get more, rather than less, time in jail."

Judge Evans has 28 days to decide whether to grant the McWilliams' applications.

If he agreed, their cases will be heard before the Court of Appeal at the Royal Courts of Justice in London.

John died from a brain haemorrhage on Christmas Eve 1999. The court heard his injuries were similar to those normally seen on battered boxers.

Jailing the couple, Judge Anthony Scott Gall branded them cruel and heartless.

He said: "You systematically set about abusing that little boy who wanted no more out of life than to be loved and to give love. You made a mockery of those wishes."

John Smith, described as a delightful, caring and polite boy, died with 54 bruises, including three adult bite marks, on his body.

His penis was cut, his face burnt and his body bruised from head to toe.

The judge said it was hard to contemplate the fears John felt in the months before his death.

After the trial, Michelle McWilliam's mother, Joan Wilson, told our reporter she believed her daughter was innocent.

She said: "She is a very caring person and not capable of hurting a fly, let alone a child. She is guilty of nothing but loving that child."

An independent inquiry report criticised Brighton and Hove social services for a string of failures.