Disgraced cardinal George Pell will not seek a reduced sentence if the Court of Appeal confirms his conviction for sexually abusing two Melbourne choirs in the 90s.
Pell has been behind bars since February and is due to return to court next month to fight his sentence.
But he will not add an appeal against the six-year prison sentence issued by Chief Court Judge Peter Kidd in March.
Pell was ordered to serve at least three years and eight months of that sentence after being convicted by a jury in December of a charge of sexual penetration of a child and four charges of having committed an indecent act with or in the presence of a child.
Pell raped a 13-year-old and sexually molested his friend in the sacristy of St Patrick's Cathedral in Melbourne in 1996, when he was just installed as an archbishop.
He harassed the first boy again about a month later.
His lawyer Robert Richter QC appealed in February against Pell's conviction, arguing that he should be overturned for three reasons.
The AAP has confirmed that there will be no appeal against the Pell ruling added to that application.
An appeal against the sentence should have maintained that the sentence was "manifestly excessive".
Judge Kidd acknowledged that there was a real possibility that Pell, who turns 78 next month, could die in prison
On June 5 and June 6, the attorney for the silk specialty of Sydney Bret Walker SC will present the appeal.
Three judges will decide first whether to grant Pell the permission to appeal and, if so, the appeal is scheduled for two days.
Pell was still free when the appeal was filed and asked to be in court. The case remains now that he is in prison.
His legal team will discuss for the first time that the verdicts were "unreasonable" because the jury could not have been satisfied beyond a reasonable doubt that Pell was guilty on the word of the single surviving complainant against "unchallenged free trials" of more than 20 witnesses # 39; accusation.
They are also willing to argue that Judge Kidd was wrong not to allow the defense to use video graphics in Mr. Richter's conclusive arguments, which he said would prove that the crime was impossible.
A third reason states that there was a "fundamental irregularity" in the trial because Pell had not been accused – he wondered if he had pleaded guilty or not guilty – in front of the chosen jury.
If the judges accept the first reason, Pell's conviction will be canceled and will be released.
A new process could be ordered if they accept the second or third reason.
While Pell remains the highest-ranking Catholic in Australia, the Vatican launched its investigation into its beliefs.
Vatican spokesman Alessandro Gisotti said the verdict is "painful", Pell "has the right to defend himself until the last stage of the appeal".
Australian Associated Press