An appeal against conviction by one of two brothers jailed for the murder of Rotorua toddler Nia Glassie has been dismissed.
Wiremu Curtis was sentenced in the High Court at Rotorua in February to life imprisonment, with a minimum non-parole period of 17-1/2 years, for the three-year-old's August 2007 murder.
His former partner, Nia's mother Lisa Kuka, has also appealed her manslaughter conviction, saying the jury should have been offered the option of convicrting her of neglect.
She is serving a nine-year jail sentence and is awaiting the Court of Appeal's judgment.
Curtis' lawyer, Craig Horsley, last month argued insufficient emphasis had been placed on his client's limited mental capacity and whether he had "conscious appreciation" that his actions could lead to death.
During the original trial the jury was told Curtis had a mental age of up to five years below his peers. He was 19 when sentenced.
Mr Horsley argued the trial judge's summing up failed to remind the jury of Curtis' state of mind, which set him apart from others.
In a judgment released today, the appeal court said it was satisfied there was no error in the way the judge approached the circumstances of the case.
"The evidence which referred to particular circumstances of Wiremu Curtis was, as Mr Horsley properly accepted, `slim', and at best tangential," the court said.
It also noted concerns were not raised with the judge at the close of her summary and said it was satisfied the jury had properly identified all the appropriate issues that needed consideration.
Curtis' brother Michael was also jailed for life for his role in the murder.
Orewa Kemp and Michael Pearson were jailed on lesser charges related to the killing, which came after months of abuse culminating in a fatal kick by one of the Curtis brothers.
