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Luke Costin

Driver in five-deaths crash granted bail

Tyrell Edwards' parents (pictured) have promised to forfeit $100,000 if he fails to appear in court. (Dan Himbrechts/AAP PHOTOS) (AAP)

The teenage labourer charged over a horror crash that killed five high school students has been granted bail by the NSW Supreme Court.

Tyrell Edwards, 18, will be able to leave home for few reasons and then only in the company of his mother, as he awaits the outcome of his case.

He has been in custody since September 6 when his ute crashed into two trees near the Wollondilly Shire village of Buxton, killing five Picton High School pupils aged 14 to 16.

While the crash had caused obvious grief and suffering, and the prosecution case appeared reasonably strong, Supreme Court Justice Robert Beech-Jones said that wasn't enough to simply refuse bail.

Keeping Edwards in custody until trial - potentially two years away - was a long time for an 18-year-old "with no criminal history charged with a non-intentional crime".

"Despite great suffering and grief experienced, this was not a finely balanced bail application," the judge said on Tuesday.

"On the contrary, on any proper understanding, the application had to be granted."

Edwards' parents have promised to forfeit $100,000 if their son fails to appear in court.

The teenager was refused bail in September after a magistrate concluded Edwards posed a risk to the community and could tamper with witnesses due to his strong ties to the community.

But Justice Beech-Jones said it appeared the case would turn on forensic evidence and any risks could be mitigated by bail conditions.

Those conditions include not contacting any prosecution witnesses, reporting daily to police and not being in the driver's seat of any vehicle.

Edwards also cannot be in the company of any person under the age of 18 unless with his mother, who must also accompany him on his release from a remand centre on Tuesday.

He's next due in Picton Local Court in November.

In the moments before the crash, police allege Edwards drove at high speed, lost control, crossed onto the wrong side of the road and travelled along a grassy road shoulder for about 40 metres.

A video allegedly taken in the lead-up to the fatal crash supported elements of the offences and showed a high level of moral culpability.

The video, filmed by Edwards on his phone about an hour before the crash, shows him driving with two of the victims, according to a summary of police facts.

However, the relevance of that was disputed by Edwards' lawyers in the Supreme Court.

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