Berry Patch Preschool owner Helen Jacobs lodges appeal
The boss of a northwest Sydney childcare centre who failed to protect children from harm has lodged an appeal against her guilty verdict.
Blacktown
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The boss of The Berry Patch Preschool is appealing a court decision which found her and the facility guilty of failing to protect children from harm after a baby was found unresponsive before being pronounced dead at hospital.
The Kellyville Ridge preschool’s owner Helen Jacobs and the facility were fined more than $140,000 in November after the verdict was handed down in the Downing Centre Local Court.
Jacobs was found guilty of failing to protect children from harm after 16-month-old baby Arianna Maragol had gone unchecked for three hours in her cot on August 24, 2018.
The charges did not relate to responsibility for the baby’s death.
Jacobs, 45, was convicted and found guilty of three counts of not adequately supervising children and three counts of not protecting children from harm/hazard – nominated supervisor.
A verdict against the centre, which faced 10 criminal charges, was also delivered. It was guilty of all but three charges.
On December 14, Jacobs filed a conviction and sentence appeal against 12 charges including three counts of not protecting children from harm or hazard – approved provider and six counts of not protecting children from harm or hazard.
The appeal is due to be heard at the Downing Centre District Court on March 22.
The hearing in November was the second after a five-day hearing was heard at Parramatta Local Court in March 2021.
The hearing last year highlighted the “inappropriate” reliance on staff to use CCTV footage to monitor babies in cots.
Magistrate David Price slammed Berry Patch’s lack of supervision and said while some staff were diligent in carrying out regular physical checks, others were more “laissez-faire”.
Mr Price also said the NSW Education Department, which prosecuted the case, should be ashamed of itself for allowing staff to monitor babies on cameras.
After the guilty verdict, Arianna’s father Jozef Maragol called it a miracle.
A coronial inquest and civil proceedings against the Education Department and Berry Patch are pending.
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The boss of a northwest Sydney preschool found guilty of failing to protect children from harm, after a baby was found unresponsive in a cot and later died, has successfully appealed a conviction.