The driver of a ute that smashed into a tree and killed five teenagers south of Sydney has been granted bail in the NSW Supreme Court.
Tyrell Edwards is facing counts of dangerous driving occasioning death after five of his passengers died in a horror crash in Buxton last month.
Justice Robert Beech-Jones said the 18 year old was accused of an "unintentional crime" and "bail cannot be refused as a means to impose interim punishment".
He said he was satisfied strict bail conditions — including virtual house arrest — would mitigate any risk to the community and granted his release.
The P-plater is accused of losing control of his Nissan Navara ute and slamming into a tree in Buxton, on East Parade near Picton, just before 8pm on September 6.
Three girls and two boys, aged between 14 and 16, died in the crash, while Mr Edwards suffered non-life threatening injuries.
Two of the victims were Picton High School students Lily Van de Putte and Antonio Desisto.
The ABC has received permission from their parents to identify them but the other victims cannot be named for legal reasons.
The court heard the ute rotated several times before the "impact caused the rear seat to be ejected from the vehicle" in which four of the passengers were sitting.
Witnesses heard Mr Edwards say "I f***ed up, I'm going to jail" in the aftermath of the crash, the judge said.
The court heard he feared for his safety in custody and was considered a moderate suicide risk, as well as having moderate post-traumatic stress disorder.
Justice Beech-Jones said a psychological report also showed Mr Edwards was experiencing "complex grief", "survivor guilt" and "shame".
"Given his age and history, his mental health is likely to continue to decline in prison," he added.
"Regardless of the outcome of proceedings, the applicant's punishment has commenced."
The Crown raised concerns Mr Edwards may commit another serious offence if released given he had his licence suspended over two speeding incidents prior to the crash.
Justice Beech-Jones said he paid the infringement and that there was "no evidence" he disobeyed the law during that period.
"Bail cannot be refused as a means to impose interim punishment ... not to judge guilt or innocence," he said.
"It seems likely the applicant understands that if he drives again he will go to jail."
Given Mr Edwards has no prior criminal history and that his recent crime was "unintentional", the judge said he was satisfied any risk to the community could be mitigated with strict conditions.
"Despite the great suffering that was occasioned, this application had to be granted."
His family has agreed to forfeit $100,000 should he fail to appear before Picton Local Court in November.
"It is clear that he has loving and supportive parents," Justice Beech-Jones said.
Mr Edwards may only leave the family home in the company of his mother for four reasons; to attend medical testament, to report daily to police, to front court or to meet with his lawyers.
He must not enter the drivers seat of a vehicle, consume alcohol or illegal drugs, apply for a passport or contact any prosecution witnesses.
If found guilty, Mr Edwards is facing up to 10 years behind bars.
Mr Edwards is due back in court in November.
