Jonathan Wilcox

Jonathan is experienced in criminal law. He has prosecuted and defended unled in District Court trials and sentences and has also appeared unled for defendants in District Court 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 in applications for extended supervision orders (including revocation and variation applications) and continuing detention orders under the Crimes (High Risk Offenders) Act 2006 (for defendants), in applications for extension orders under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (for the Attorney General of NSW), in appeals and injunctions against Community Treatment Orders under the Mental Health Act 2007 (for Local Health Districts) and in the Mental Health Review Tribunal in applications for conditional release under the Mental Health Act 2007 (for forensic patients). 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 in inquests in the Coroners Court (for State agencies and senior next of kin), in private and public examinations in the Law Enforcement Conduct Commission (for witnesses) and in compulsory examinations and public inquiries in the Independent Commission Against Corruption (for witnesses). Jonathan has also appeared led as Counsel Assisting in inquests and inquiries in the Coroners Court.

Jonathan has also represented plaintiffs unled in intentional tort claims against NSW Police (State of NSW).

Prior to being called to the Bar, Jonathan worked at Legal Aid NSW, including at the High Risk Offender Unit, the Aboriginal Legal Service (NSW/ACT) Limited and in private practice (including regional locations Tamworth, Griffith, Broken Hill and Gosford), regularly appearing 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 contributes 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) - notice of motion for an interim detention order - motion dismissed

·        State of New South Wales v Sleeman (Preliminary) [2025] NSWSC 957 – preliminary hearing of application for an extended supervision order under the Crimes (High Risk Offenders) Act 2006 – summons dismissed

·        Attorney General for New South Wales v DB (a pseudonym) [2025] NSWSC 1512 (per Garling J) (unled for plaintiff) - final hearing of application for an extension order under Pt 6 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 – final order made over opposition

·        Decision Restricted (Supreme Court of New South Wales, Faulkner J, 13 June 2025) (unled for defendant) - final hearing of application for an extended supervision order under the Crimes (High Risk Offenders) Act 2006 – summons 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

·       State of New South Wales v Hollaway (Final) [2025] NSWSC 146 (per Fagan J) (unled for defendant) – final hearing of application for an 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) – preliminary hearing of application for an extended 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) – notice of motion for revocation of an 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) – preliminary hearing of application for an extended supervision order under the Crimes (High Risk Offenders) Act 2006 - construction of Act - summons dismissed – 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 

·       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 an extended supervision order under the Terrorism (High Risk Offenders) Act 2017 – summons dismissed 

·       State of New South Wales v Springfield (a pseudonym) (Preliminary) [2025] NSWSC 1397 (per Dhanji J) (unled for defendant) – preliminary hearing of application for an extended supervision order under the Crimes (High Risk Offenders) Act 2006 – summons dismissed

Coroners Court of New South Wales

·                 Inquest into the death of Benjamin Cullen (per O'Neil DSC) (unled for Commissioner of Corrective Services NSW) - death in custody - provision of medication - recommendations made (2025)

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

·                 Inquest into the death of Andrew Seton (per O'Sullivan SC) (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 (per O'Sullivan SC) (led by A Casselden SC and D Ward SC, Counsel Assisting) – recommendations made (2022-2023)

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