A mother charged with the criminal neglect of her three-year-old child, who had consumed methamphetamine, has been found not guilty by an Adelaide court.
Bianca Jean Conlon was accused of criminally neglecting the toddler in April 2019 but Judge Geraldine Davison found Ms Conlon was not guilty because the prosecution was unable to prove how the child had access to the drug.
During the trial, South Australia's District Court heard the toddler was taken to hospital hallucinating and vomiting, and methamphetamine was later found in the child's system.
The prosecution alleged the child consumed methamphetamine by drinking bong water or by drinking a meth-laced soft drink that had been left on a coffee table.
But court documents show Judge Davison ruled the prosecution did not prove the circumstances in which the child accessed the drug.
"Whilst I accept that the child consumed methylamphetamine, probably orally and probably a relatively large quantity, there is no evidence as to where the child was at the time when that occurred," she found.
"The prosecution therefore has not proven beyond reasonable doubt that the accused was or ought to have been aware of the appreciable risk of harm to the child.
"If that is so, then the prosecution has clearly not proven beyond reasonable doubt that she failed to take steps that she could reasonably have been expected to take in the circumstances to protect the child from harm."
Judge Davison said the court heard evidence that the drug was consumed at either a barbecue with friends or at home.
"There is no evidence that [Ms Conlon] left methylamphetamine where it was accessible to the child or that she failed to adequately supervise her child in the circumstances that enabled her child to consume methylamphetamine when there was an appreciable risk of that having occurred," she found.
"There is no doubt that the child consumed methylamphetamine and in a quantity that caused her to suffer significant symptoms.
"However, the fact that the child consumed it and the fact that [the child's] mother had a duty of care for [the child] at that time does not mean that the prosecution, in this case, have proved the elements of the offence of criminal neglect."
Outside court, Ms Conlon's lawyer said it was always pleasing to get such an outcome for a client.
