Prosecutors will allege Alicia Jane Lee was the only adult at home with the toddler on January 18 when he was injured.
The boy was first taken to Rockhampton Hospital then flown to the intensive care unit at the Children’s Hospital in Brisbane where doctors found he had a traumatic brain injury.
The Crown alleges 23-year-old Lee caused the injuries by applying force to the toddler, the Brisbane Supreme Court was told on Friday.
But the case is largely circumstantial and relies on a jury accepting the analysis and diagnosis of a specialist pediatrician.
Lee’s barrister Peter Richards said the case of murder was not strong although the evidence might support a case of manslaughter.
But prosecutor Aleksandra Nikolic argued the case was equally strong on either charge and medical evidence suggested the injuries the boy sustained would have required significant force.
She said explanations provided by Lee, as the only adult home with the child, did not align with expert medical opinions.
Justice Sean Cooper released Lee on bail, saying there did not appear to be a real prospect of her committing further crimes and she did not appear to have resources to abscond.
“The applicant has no prior criminal history and there does not seem to be any basis to think the alleged offending forms are part of a pattern,” he said.
Lee will live with a friend in the southeast Queensland town of Morayfield, away from family and crown witnesses in Rockhampton.
“That geographical separation goes some way to ameliorating the risk of the applicant contacting witnesses,” Justice Cooper added.
Lee is also not allowed to contact children under the age of 10 without supervision.
Justice Cooper said the bail conditions seemed to “sufficiently ameliorate a risk of commission of further offences”.
Lee’s case is expected to be mentioned in Rockhampton Magistrates Court on September 7.