The Belfast Telegraph reports that Liam Whoriskey has instructed his legal defence team to lodge appeal papers with the Court of Appeal in Belfast.
The waiter has 28 days after sentence to lodge an appeal against his conviction.
On Monday, the 25-year-old has handed a total sentence of 15 years for the manslaughter of the three-year-old and child cruelty.
Whoriskey, Glenabbey Gardens in the Skeoge area of the city, maintains his innocence of the toddler’s brutal death.
He was found guilty in October by a jury of the manslaughter of Kayden McGuinness and one charge of child cruelty.
The three year old was found dead in his bed in his family flat at Colmcille Court in the Bogside in Derry in September 2017.
A week earlier, Whoriskey had got engaged to the child’s mother Erin McLaughlin
Whoriskey will serve half of his sentence in prison and the other half on licence.
Sentencing, Recorder of Derry Judge Phillip Babington said he was aware the case had generated a lot of emotion.
The judge also said the acts leading to the unlawful killing of the toddler were not isolated and that the defendant’s behaviour illustrated he had a propensity for aggression and violence in a domestic setting.
Judge Babington said he had read victim impact statements from Kayden’s mother and Kathleen McGuinness, the toddler’s grandmother, and it was clear both were devastated.
Kayden McGuinness’ mother Erin McLaughlin, who was in the public gallery, left the court sobbing at the point when the judge began reading out her son’s injuries.
The judge said the court could only express its sympathy, as any sentence imposed on the defendant paled into insignificance when contrasted with the fact a very young child had died.It could only be hoped this trial brought some form of closure for the family, the judge told the court.
Whoriskey has also been barred from residing in the same place as a child under 18 years old or having any unsupervised contact with a child.
After the case, PSNI Detective Inspector Peter McKenna said: “Kayden was just three years old when his young life was brutally ended. He was violently attacked by Liam Whoriskey, a man who had been trusted to look after him and take care of him.
“Whoriskey has been sentenced to fifteen years imprisonment for child cruelty and the manslaughter of Kayden.
“Nothing will ever take away the pain felt by Kayden’s family and as we approach Christmas time, this will be even more difficult for them.
“Their lives have been destroyed and Kayden’s parents have had their beautiful little boy cruelly taken away from them in the worst way imaginable.
“Kayden’s little sister was just five months old when her little brother died and she has to grow up without her big brother.
“Whoriskey’s actions meant that she never got the chance to know him.“On the night Kayden died, his Mother Erin was attending a family gathering, having been persuaded to attend.
“She left the house late, as she always put her children to bed and tucked them in and this night was to be no different.
“As she left, she gave her little boy three kisses and told him how much she loved him. Having met the whole family, I know that this was how they all felt about Kayden – they all doted on him.
“Throughout this, Whoriskey has shown no remorse. At the time of Kayden’s death, he was being assessed for Autism.
“Woriskey would have known that this three year old child, already vulnerable by his age and with some communication difficulties, would never have been able to explain what happened to him had he survived.
“Woriskey’s attack left Kayden with a number of injuries including a large number of bruises and bleeding over the surface of his brain, caused by blows to the head.
“When he was questioned about Kayden’s injuries by police, Whoriskey denied causing them.“It clearly did not weigh on his conscience that he had savagely taken the life of a three year old.
“Whilst I have stood here and condemned Whoriskey for his despicable actions, I do not want that to be the final word that people remember.
“I want people to remember the little boy who, in his family’s words, was a smiling, happy and loveable child,” added DI McKenna.Tags: