THE man charged after last week's deadly Wellington crash has been refused bail after a magistrate was told he had a history of unlicensed driving offences.
Jacob Steven Donn, 25, is facing 14 charges including two counts of dangerous driving occasioning the death of two young boys. He has not been required to enter pleas.
The 25-year-old made an application for bail on Tuesday morning, appearing via video link in Dubbo Local Court from Bathurst Correctional Centre, where he is being held.
After considering his relatively low criminal record, the release application was refused by magistrate Therese Hamilton.
She said there was an unacceptable risk of him failing to appear, and he had a history of unlicensed driving matters.
"It is a matter of concern that he has been dealt with previously for unlicensed driving, never licensed, several times in 2016 and in 2018," Magistrate Hamilton told the court.
"Facts outline there appears to be a strong prosecution case ... facts outline dangerous manoeuvres had been taken by the defendant prior to the collision causing these injuries.
"He fled the scene, and police later tried to approach him later at a premises, he tried to flee from police."
Bail was opposed by police prosecution who submitted there was an "unacceptable risk" of Donn endangering the safety of the community, failing to appear and interfering with witnesses and evidence.
Police prosecutor Michelle Bartlett said Donn's criminal antecedence showed he had never held a driver's licence and had prior convictions for driving while unlicensed.
The court heard the facts indicate the manner of driving prior to the collision was "intentional", where it's alleged the car was conducting burnouts and skidding prior to the crash, and witnessed by members of the community.
Donn's defence lawyerIvy Johnson asked the court to take into consideration the prospect of a lengthy trial where Donn could be facing up to two years in custody before his case is heard.
The court heard Donn was the primary carer for his 91-year-old grandmother Dawn Donn, who suffered from a variety of heart conditions, and now had to seek at-home treatment.
In arguing 25-year-old Donn was not a flight risk,Ms Johnson said he had strong community ties to Wellington having attended primary school and high school in the town, and had been an alter boy at the local Anglican church.
She also argued that Donn had the opportunity to flee the town straight after the incident, but was located by police still in Wellington that night.
The defence told the court Donn had been diagnosed with schizophrenia, and argued he would lack the support needed in custody.
"This is an emotional time for Mr Donn, he needs to be in a support system," Ms Johnson told the court.
Bail was refused with Donn ordered to remain in custody until the matter returns to Dubbo Local Court on March 10.
About 4.30pm on January 5, emergency services were called to Warne Street in Wellington after a red Holden Commodore struck five people. It's the police case Donn was behind the wheel of the car, and caused the crash.
NSW Ambulance paramedics treated an adult and four children at the scene. Two of the children, boys aged six and seven died a short time later.
A 34-year-old woman suffered serious injuries and was flown to Westmead Hospital in Sydney.
A 10-year-old boy suffered serious leg injuries and was flown to the children's hospital at Westmead for surgery.
A nine-year-old boy was also injured in the crash but has since been released from hospital.