A SCAMMER jailed for demanding cash from parents for a phone with pictures of their dead baby on it is seeking early release.
Siti Kamal, 24, admitted threatening to delete photos of Jay and Dee Windross's terminally ill child from a phone they had lost and which she claimed to have.
The scammer blackmailed the couple in exchange for their precious photos and they spent the last night of little Amiyah’s life sending text messages to Kamal.
The exchanges even continued 21 minutes after their 11-month-old daughter had died.
Last March, a judge told the Uber Eats delivery cyclist that her actions were "reprehensible" and "amoral" when she was jailed for at least two years.
But Kamal has appealed to the Supreme Court of Victoria in Melbourne insisting her sentence was "manifestly excessive."
Barrister Tim Marsh told the court the original judge had been overly pre-occupied with the morally charged nature of the crime and overlooked other relevant factors.
He said other aggravating factors often present in blackmail cases were missing, the Daily Mail Australia reports.
These included breach of trust, elaborate planning, prolonged offending, threats of violence, sophistication, demands for and payments of large amounts of money.
"This is grossly opportunistic offending," he said.
He claimed the judge also failed to recognise her apparent remorse, financial hardship at the time and lack of prior offending.
She has been isolated in prison for her own safety so has been her unable to mix with fellow Muslims and other Malaysian nationals caged alongside her, the court heard.
But prosecutors dismissed her claim, the sentence was too harsh and said the “characterisation of the offending as amoral was entirely justified”.
The Windrosses had accidentally left the device at the Chadstone Shopping Centre toilet over the Easter long weekend, just five days before Amiyah died of an undiagnosed neurological disorder.
They had made a desperate public appeal for its return on social media.
The pleaded that their baby, who had spent 200 of her 330 days alive in hospital, had most of her life chronicled in photos and videos on that phone.
Kamal came forward to say she had the mobile.
However, although she didn't actually have the phone, she sent messages to the couple demanding £550 for its return.
A decision on her sentence is due later but Kamal will be deported when it is completed.
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