Convicted baby-shaker Jacquelyn Fubler could be free within a week after a judge yesterday sentenced her to one year in prison and a further year's probation.

Fubler, who was found guilty of causing grievous bodily harm to Stephen Ebbin at her Warwick day care centre, has already spent nearly a year on remand. Yesterday judge Norma Wade-Miller ruled time in custody should be taken into account.

Following the ruling, Stephen's mother, Theresa. told the sentencing was insufficient as her son had suffered permanent brain damage ? the full extent of which had yet to be determined.

She said the fact Fubler had been in custody for a year before given a sentence was the fault of the court system.

"I say 'so what?' It's not my fault or my family's fault.

"It's unbelievable ? basically she's going to go home within the next week or so."

The maximum sentence is five years and Ms Ebbin said Fubler should have been given at least three years.

She said Stephen, who is now four and a half, cannot verbalise his thoughts, was immature for his age and for a long time had been terrified of women after the attack on him when he was just ten months old.

Stephen suffered bruising just two days after starting at the nursery. After just five days he had to be rushed to hospital after being violently shaken.

A doctor later testified the boy had an internal brain injury consistent with being shaken back at a high velocity causing the blood vessels in the brain to burst.

Stephen had to be flown to Children's Hospital Boston and was found by doctors to have a left-sided chronic facial seizure associated with head trauma.

The toddler had to be taught the basics of speaking and walking all over again and must still take regular speech therapy lessons. Next week experts will give their long-term prognosis.

Ms Ebbin told yesterday: "I don't think he's going to get over it. I don't think he will ever heal."

Fubler had pleaded for mercy after pointing out she had two children of her own.

"My son is only five, he went five today," she said, adding ther son went to the same pre-school as Stephen and she deeply sympathised with the Ebbin family about what had happened.

Fubler said being on remand had kept her away from her family and that she had tried to follow Stephen's progress until she was warned off.

However Prosecutor Shakira Dill, who had called for a sentence of three years, said Fubler was still in denial over her guilt and a social inquiry report had highlighted a lack of regret and remorse.

And Ms Ebbin, who was holding her a six-week old son Nias, through much of yesterday's court proceedings, said she was unsatisfied with Fubler's apology.

She said: "She said she was sorry for what we were going through, not for what she did."

Mrs. Wade-Miller said it was due to an administrative blunder that Fubler was being sentenced six months after her conviction.

She said the sentence would normally be three years with parole possible after one year.

But because Fubler had been on remand and unable to attend programmes which would make her eligible for parole she was disadvantaged. So Mrs. Wade-Miller said she would impose a two-year sentence and stipulated one year of that be probation.

Judge Wade-Miller repeated the sentence to the packed court but after she left lawyers and family members from both sides confused about the implications until most came to the conclusion Fubler would be released very soon.

With time taken into account she is one week away from completing her time at the Co-ed facility.