Jonathan Wilcox

Areas of Practice

  • Appellate
  • Coronial Inquests / Commissions of Inquiry
  • Criminal Law

Date of Admission

  • Admitted as a Lawyer: 2014
  • Called to the Bar: 2021
  • JD Syd
  • BA Melb

Jonathan is experienced in:

  • Criminal law (all areas: trials, appeals, sentences, hearings, bail);
  • High Risk Offender applications in NSW and Commonwealth jurisdictions (Extended Supervision Orders (ESO) and Continuing Detention Orders for sex, violence and terrorism); and
  • Coronial inquests and inquiries.

Jonathan has extensive experience appearing unled in High Risk Offender applications in the Supreme Court and District Court jury trials, sentences and appeals. Jonathan has also appeared unled in the Court of Criminal Appeal, and in the Coroners Court, both led as counsel assisting and unled for Senior Next of Kin parties.

Prior to being called to the Bar, Jonathan worked at Legal Aid NSW, including in the High Risk Offender Unit, and at the Aboriginal Legal Service (NSW/ACT) Limited, including regional locations such as Tamworth, Griffith, Broken Hill and Gosford. Jonathan regularly appeared as an advocate in his 7 years as a solicitor before being called to the Bar.

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.

Jonathan is on the following panels:

  • Legal Aid NSW Indictable Criminal Law, Summary Criminal Law and Children’s Criminal Law Panels
  • Department of Communities and Justice Legal Services Panel – Assistance & Representation and Witness Preparation Segments
  • Law Enforcement Conduct Commission Counsel Assisting Panel
  • Commonwealth Director of Public Prosecutions Counsel List

Select cases:

Coroners Court of New South Wales

  • NSW Bushfires Coronial Inquiry (led by A Casselden SC and D Ward SC, counsel assisting) – findings reserved (2022-2023)
  • Inquest into the death of Mark Murphy (unled for Senior Next of Kin) – occupational SCUBA diving training death – recommendations made (2022)

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 (all for defendant)

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) – interim supervision order under Div 105A of the Criminal Code (Cth) – summons dismissed with costs

State of New South Wales v WXN1 (Preliminary) [2023] NSWSC 883 (unled) – interim supervision order under the CHRO Act – scheduling conditions not imposed

State of NSW v Colebrook [2023] NSWSC 792 (unled) – revocation of extended supervision order under the CHRO Act

State of New South Wales v Cornwall (Preliminary) [2023] NSWSC 278 (unled) – summons for extended supervision order under the CHRO Act dismissed with costs – construction of Act – interim supervision order imposed under fresh summons

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

State of New South Wales v McGee (Preliminary) [2022] NSWSC 1717 (unled) – interim supervision order under the CHRO Act – electronic monitoring condition not imposed

State of New South Wales v Cannon [2022] NSWSC 1622 (unled) – interim supervision order under the CHRO Act – several contested conditions not imposed

State of New South Wales v Nixon (Preliminary) [2022] NSWSC 1561 (unled) – interim supervision order under the CHRO Act – interim supervision order – financial oversight and internet access conditions not imposed

State of New South Wales v Partington (Final) [2022] NSWSC 1492 (unled) – extended supervision order under the CHRO Act – financial oversight and internet access conditions not imposed

State of New South Wales v Barlow (Preliminary) [2022] NSWSC 569 (unled) – interim supervision order under the CHRO Act – electronic monitoring, scheduling and other contested conditions not imposed

State of New South Wales v Briar (Final) [2022] NSWSC 467 (led by T Anderson SC) – extended supervision order under the CHRO Act

State of New South Wales v Williams (Final) [2021] NSWSC 1596 (unled) – extended supervision order under the CHRO Act – sunset clause on scheduling conditions imposed

State of New South Wales v Holt (Preliminary) [2021] NSWSC 1076 (led by T Anderson SC) – interim detention order under the THRO Act – construction of Act

State of New South Wales v Church (Final) [2021] NSWSC 713 (led by J Stratton SC and T Hennessy) – application for extended supervision order under the THRO Act – summons dismissed with costs

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