Jonathan Wilcox

Jonathan is experienced in criminal law. He has appeared unled for defendants in District Court trials, sentences, appeals and costs applications; Supreme Court bail applications; Local Court hearings, sentences, bail and mental health diversion applications; and Children’s Court criminal matters.

Jonathan is experienced in various areas of public law, appearing unled in the Supreme Court for defendants in applications for extended supervision orders under the Crimes (High Risk Offenders) Act 2006, for the Attorney General and forensic patients in applications for extension orders under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, for Local Health Districts in appeals and injunctions against Community Treatment Orders under the Mental Health Act 2007; and in the Mental Health Review Tribunal for forensic patients seeking conditional release under the Mental Health Act 2007. Jonathan has also appeared led for defendants in the Supreme Court in applications for extended supervision orders and continuing detention orders under the Terrorism (High Risk Offenders) Act 2017 and Part 5.3 of the Commonwealth Criminal Code.

Jonathan is experienced in inquests and inquiries. He has appeared unled for State agencies and senior next of kin at inquests in the Coroners Court; and unled for witnesses at the Law Enforcement Conduct Commission and the Independent Commission Against Corruption. Jonathan has also appeared led as Counsel Assisting at inquests and inquiries in the Coroners Court.

Prior to being called to the Bar, Jonathan worked at Legal Aid NSW, including at the High Risk Offender Unit, at the Aboriginal Legal Service (NSW/ACT) Limited and in private practice (including regional locations Tamworth, Griffith, Broken Hill and Gosford); and often appeared as as advocate.

Jonathan also completed an internship at the Trial Chamber of the United Nations Assistance to the Khmer Rouge Trials in Phnom Penh, Cambodia.

Jonathan is a reporter for the Council of Law Reporting for NSW, which is the publisher of the NSW Law Reports, and has contributed to the Australian Criminal Reports.

Jonathan is on the following panels:

·       Legal Aid NSW Indictable Criminal Law, Summary Criminal Law and Children’s

Criminal Law Panels

·       Office of the Director of Public Prosecutions (NSW) Private Briefing Panel

·       Commonwealth Director of Public Prosecutions Counsel List

·       Department of Communities and Justice Legal Services Panel – Assistance & Representation and Witness Preparation Segments

·       Law Enforcement Conduct Commission Counsel Assisting Panel

Select cases:

 Court of Criminal Appeal of New South Wales

Chesworth v R [2023] NSWCCA 115 (unled for applicant) – error established but appeal dismissed

Court of Appeal of New South Wales

Rigby v State of New South Wales [2022] NSWCA 14 (led by M Avenell SC for appellant) – appeal against making of an ESO under the Crimes (High Risk Offenders) Act 2006 (CHRO Act) – error established but appeal dismissed

Supreme Court of New South Wales

State of New South Wales v Jesse John Lunn-Reid [2025] NSWSC 1358 (per Sweeney J) (unled for defendant) - plaintiff's motion for an interim detention order dismissed

D v South Eastern Sydney Health District t/as St George Hospital [2025] NSWSC 323 (per Campbell J) (unled for defendant Local Health Districts) – plaintiff’s urgent application for an interim injunction in respect of a Community Treatment Order under the Mental Health Act 2007 – application dismissed

Re D (No 2) [2025] NSWSC 251 (per Hammerschlag CJ in Eq) (unled for respondent Local Health District) – appeal against a Community Treatment Order under the Mental Health Act 2007 – appeal dismissed

Attorney General for New South Wales v DB (a pseudonym) by his tutor Limbury [2025] NSWSC 198 (per N Adams J) (unled for plaintiff) – preliminary hearing of application for extension of a forensic patient’s status under Pt 6 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 – interlocutory and interim relief granted over opposition

State of New South Wales v Hollaway (Final) [2025] NSWSC 1509 (per Fagan J) (unled for defendant) – extended supervision order under the Crimes (High Risk Offenders) Act 2006 – summons dismissed

Attorney General of the Commonwealth of Australia v Uweinat (Supreme Court of New South Wales, Sweeney J, 3 November 2023) (led by C O’Donnell SC for defendant) – interim supervision order under Div 105A of the Criminal Code (Cth) – summons dismissed 

State of NSW v Colebrook [2023] NSWSC 792 (per Davies J) (unled for defendant) – application for revocation of extended supervision order under the Crimes (High Risk Offenders) Act 2006 Act

State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 278 (per N Adams J) (unled for defendant) – summons for extended supervision order under the Crimes (High Risk Offenders) Act 2006 dismissed with costs – construction of Act – interim supervision order imposed under fresh summons

State of New South Wales v Hardy [2022] NSWSC 1724 (per Campbell J) (led by D McLure SC for defendant) – interim supervision order under the Terrorism (High Risk Offenders) Act 2017 (THRO Act) 

State of New South Wales v Holt (Preliminary) [2021] NSWSC 1076 (per N Adams J) (led by T Anderson SC for defendant) – interim detention order under the Terrorism (High Risk Offenders) Act 2017– construction of Act

State of New South Wales v Church (Final) [2021] NSWSC 713 (per Campbell J) (led by J Stratton SC and T Hennessy for defendant) – application for extended supervision order under the Terrorism (High Risk Offenders) Act 2017 – summons dismissed 

Coroners Court of New South Wales

Inquest into the death of Lathan Brown (unled for Commissioner of Corrective Services NSW) – Aboriginal death in custody – recommendations made (2025)

Inquest into the death of Andrew Seton (unled for senior next of kin) – search and rescue response into missing person in back country skiing incident – recommendations made (2024)

NSW Bushfires Coronial Inquiry (led by A Casselden SC and D Ward SC, Counsel Assisting) – recommendations made (2022-2023)

Inquest into the death of Mark Murphy (unled for senior next of kin) – occupational SCUBA diving training death – recommendations made (2022)