Edwards v R (No 2) [2022] NSWSC 1344

Supreme Court New South Wales

Medium Neutral Citation: Edwards v R (No 2) [2022] NSWSC 1344 Hearing dates: 4 October 2022 Date of orders: 4 October 2022 Decision date: 04 October 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: Bail granted on conditions Catchwords: BAIL APPLICATION – applicant charged with five counts of drive manner dangerous causing death – 18 years old – no prior convictions – deteriorating mental health – bail concerns addressed by proposed bail conditions – bail granted Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Category: Principal judgment Parties: Tyrell Edwards (Applicant) Rex (Respondent) Representation: Counsel: Mr G James KC; Mr E James (Applicant) Mr CM Everson SC (Respondent)

Solicitors: Watson Law (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2022/274859

EX TEMPORE JUDGMENT 1. Just before 8:00pm on the evening of 6 September 2022, a utility vehicle said to have been driven at high speed came off East Parade at Buxton and struck two trees in succession. The applicant for bail, Tyrell Edwards, was driving the vehicle. A 16-year-old boy was in the front passenger seat. In the rear of the vehicle were four young people, two aged 15, and two aged 14. Only the applicant survived. The grief and suffering occasioned by the parents, families and friends of the young people who died is taken as a given on this application. 2. On or about 7 September 2022, the applicant was charged with five counts of driving in a manner dangerous causing death contrary to s 52A(1)(c) of the Crimes Act 1900 (NSW). He was refused bail and has been in custody ever since. He is 18 years of age. He obtained his provisional driver's licence in February 2021. He incurred two speeding violations a few months afterwards. His provisional licence was then suspended but it was returned to him in August 2022. It was suspended again after the incident the subject of these proceedings. He does not have a criminal record, a matter of particular significance to a bail application.