Prosecution lawyers sought a tougher sentence on a convicted baby shaker in the Court of Appeal yesterday.

However, former day care owner Jacquelyn Fubler, who was found guilty of causing grievous bodily harm to ten-month-old Stephen Ebbin, still maintains her innocence.

In March Puisne judge Norma Wade Miller, handed down a one-year prison and probation sentence to Fubler.

This week Fubler will attempt to quash the conviction, a step she must take under the law before lawyers can increase the sentence in the Court of Appeal.

The case has been in and out of the courts since 2001 when Fubler was first charged with the offence. Fubler will appear in the Supreme Court tomorrow represented by her lawyer Elizabeth Christopher. Last year Fubler went on trial in March in Magistrates? Court during which she pleaded guilty and proceeded to the Supreme Court for sentencing. Chief Justice Richard Ground sent the case back to Magistrates? Court for the trial to conclude.

The maximum sentence for this offence is five years, but in March Mrs. Justice Wade Miller handed down the one year sentence with one year of probation, stating she had taken the time Fubler spent in custody into consideration.

Crown counsel Shakira Dill told yesterday that the sentence was insufficient. When the Appeals Court next meets in November, Ms Dill said she seek a minimum three-year sentence.

Fubler pleaded for mercy earlier this year after pointing out that she had two children and she sympathised with the Ebbin family. However, prosecution lawyers claimed Fubler was still in denial of her guilt and a social inquiry report had highlighted her lack of remorse.

A man serving a four-year sentence saw his bid to reduce his time in prison rejected in the Court of Appeal yesterday.

Jakai Tyrone Hartford, 22, is currently serving a four-year sentence after being found guilty of causing grievous bodily harm to Dwayne Trott on January 4, 2001. Hartford?s lawyer, Craig Attridge, said the sentence should be reduced since Hartford did not plead guilty to causing grievous bodily harm with intent.

The court said Mr. Trott?s injuries were severe and life threatening and were a ?matter of life and death?.

Hartford was part of a group of men who burned, maimed and disfigured Mr. Trott.