A Moray mum has avoided a jail sentence after she admitted neglecting her baby son who was found dead with cocaine in his system.
Logan Sherwin was only around three months old when he died, Inverness Sheriff Court was told.
Despite the baby’s exposure to cocaine, the cause of death – known as ‘sudden death in infancy’ – could not be linked with the presence of the Class A drug.
Abigail Sherwin and her partner at the time Sam Scott, 30, previously both pled guilty to wilfully neglecting Logan by recklessly consuming drugs in his presence and causing another child unnecessary suffering by regularly consuming drugs while it was in their care.
A second charge is that they caused both children to “directly or indirectly ingest drugs while they were in their care”.
Sheriff Ian Cruickshank accepted that the remorse shown by the couple was genuine and that they had “turned their lives around” since the tragedy.
Sherwin, 28, was said to be “devastated” about what happened to Logan and the other child.
Sentence had been deferred at Inverness Sheriff Court for a background report on the pair.
Sentencing each of them to 250 hours of unpaid work and two years of social work supervision, the sheriff told them: “Your individual involvement in the drug culture led to the death of a child but I accept there was no intention to harm.
Addressing Sherwin, of Burns Road, Lhanbryde, he added: “I also accept that you were devastated by what happened.”
He told Scott, of Forties Place, Lossiemouth: “I accept that your remorse is genuine and you are assessed at minimum risk of reoffending.”
Fiscal depute Robert Weir previously told Sheriff Cruickshank that the baby was found dead on February 9 2021 and Sherwin called an ambulance.
“They both admitted to having consumed cocaine the night before and they provided urine samples to police,” he said.
Mr Weir said two baby bottles were also seized and both tested positive for cocaine.
Sherwin’s urine sample tested positive for desmethyldiazepam, cocaine and cannabinoids while Scott’s contained ibuprofen, levamisole (a common cocaine adulterant), cocaine and cannabinoids.
‘Cause of death could not be linked to the presence of cocaine’
Mr Weir added that a post mortem revealed no injuries on Logan but a minimal amount of cocaine and its metabolites were found in his urine.
“The cause of death was certified as ‘sudden death in infancy with cocaine exposure’,” Mr Weir said.
“Subsequent expert opinion was that the cause of death could not be linked to the presence of cocaine.”
He said the other child’s hair was examined but it was “not possible to conclude if this exposure is through ingestion of cocaine or if the positive results are due to one or more other exposures”.
Scott was represented by Elgin solicitor Stephen Carty and Sherwin by Edward Targowski KC.
Mr Targowski said: “My client was the subject of a controlling and abusive relationship and she has now left that relationship. Intensive social work intervention has ensured she has turned her life around.”
Mr Carty told the court: “These events are tragic and he has to live with this for the rest of his life.
“Since then he has turned his life around, is in a new relationship and there are no concerns from social work. He is in full-time employment and no longer uses illicit substances.”