In the wake of the girl's mother on Wednesday being found guilty of manslaughter by criminal negligence for failing to seek medical attention for the girl for five hours as her condition deteriorated and she ultimately died, the Newcastle Herald can reveal that Whiteley was last week jailed for a maximum of 35 years in Newcastle Supreme Court.

He will be eligible for parole in 2042 after serving 24 years. Justice Stephen Rothman said Whiteley had committed a "severe and violent attack on a defenceless infant" and yet maintained his innocence, making it difficult to ascertain how and why the injuries occurred as well as what Whiteley's mental state was at the time.

Justice Rothman said he suspected Whiteley's sudden outburst of anger may have been triggered by him accessing the girl's mother's phone in the moments before he was alone with the toddler in her bedroom, but said he could not be certain.

"I accept that the injuries were neither planned nor premeditated," Justice Rothman said.

"I also accept that due to the limited prior domestic violence history and the caring by Whiteley for the girl that the offender snapped in a spontaneous outburst that ultimately cost the girl her life."

Justice Rothman said Whiteley was "most concerned" with keeping the child alive after the attack, including giving her CPR.

IN THE NEWS:

"But at the same time he was the only one who knew the true details of the assault," Justice Rothman said.

Justice Rothman said the girl's murder was "extremely serious" but did not fall into the category where only a life sentence could be imposed.

He said the "rapid and spontaneous outburst of extreme violence" was highly suggestive of an eruption of anger, which was likely connected to Whiteley's psychological condition and emotional instability.

The toddler's maternal grandparents and her father read poignant victim impact statements on Thursday, outlining as best they could the profound impact of the girl's death.

The girl's grandfather said the girl's older sister had suffered the greatest impact, losing her sister to a violent death and her mother when the authorities became involved.

"To see a once happy girl filled with anger and hurt. She is the one that your actions have impacted the most," the girl's grandfather said, addressing Whiteley in the court dock.

"You have shown no remorse and I will never forgive you for your brutal actions."

The girl's grandmother spoke of a little girl whose smile lit up the room, loved Vegemite sandwiches and touched the lives of all those around her.

"You will never feel or comprehend the pain and trauma you have put my family through," the girl's grandmother said to Whiteley.

"My heart is broken. I've been trying to understand why you would take such a precious gift from this world the way you did."

Choking back tears, the girl's grandmother became overcome with emotion and had to be helped from the courtroom. The girl's father spoke of all the milestones and memories he would miss out on.

"Everyday I ask myself why?" the girl's father began. "Why her? Why kill her? She was an innocent little girl, she hadn't even had her second birthday. Why would you do this to her? These thoughts go through my head everyday. Every day I cry for the misery she must have suffered."

The girl's father said he realised recently his daughter would have been starting school this year and that triggered an overwhelming sadness about all the milestones he would miss from the girl's first day of school to her wedding day. "You gave me a life sentence that day," the girl's father concluded. "I have to live without her."

Whiteley gave evidence at his sentence hearing, reading from a vague and carefully worded hand-written note. His hands shaking, Whiteley took a long pause before speaking.

"On the 19th of June, 2018, [the girl] tragically lost her life," Whiteley began. "As a result of her passing, I was charged with her murder. Though I have maintained my innocence and will continue to do so, that does not mean I cannot express my most deepest sincere condolences for the loss of such a beautiful little girl, who did not deserve to have her life so tragically taken away.

"I only hope in time you will be able to forgive me for the poor decision I made.

"The decision I made is one I have regretted for every day since and will regret for the rest of my life. My decision that day does not make me a murderer it only makes me human."

When asked by his barrister, Public Defender Peter Krisenthal, what he meant by his statement, Whiteley said: "I made the mistake of thinking that [the girl's mother] would have done the right thing by her daughter".

When asked to further clarify, Whiteley took a pause that seemed to last an age.

After being prompted by Mr Krisenthal, Whiteley chose his words carefully.

"Help should have been given a lot sooner than what it was," Whiteley said.

The jury in the mother's trial agreed with that last part. But the other jury, the one in Whiteley's trial last year, were left with no doubt that his decisions that day made him a murderer.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: