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ABC News
ABC News
National
Emma Simkin and Keira Proust

Bellingen woman Kristie Merrett faces court after car crash that killed James Edds

An alleged drink driver, who faces a possible sentence of up to 14 years in jail if found guilty, remains on bail after a fatal car crash on the New South Wales Central Coast earlier this year.

Kristie Fiona Anne Merrett, 51, was granted bail on January 5, but her charges were upgraded after the death of James Edds.

James, 9, was in an induced coma for several days before he died at the John Hunter Hospital in Newcastle on January 7.

Ms Merrett now faces 10 charges including aggravated dangerous driving occasioning death.

Leaving the Gosford Local Court alongside her lawyers on Friday, she told reporters she was "extremely sorry".

"Obviously this is a tragic incident [and] we offer our condolences to everybody involved," her lawyer Michelle Karim said.

"While these proceedings are on foot we will be making no further comment."

In court on Friday, the prosecution applied for a detention application, saying Ms Merrett had a history of alcohol abuse.

The court heard her licence was suspended for three months in April 2021 due to a mid-range drink driving offence and she had an interlock device installed for 12 months.

She was allegedly almost four times over the legal alcohol limit at the time of the fatal crash on January 4.

The prosecution said Ms Merrett should not remain on bail, saying that she had not taken steps to address an alcohol problem.

However, Ms Merrett's lawyer opposed the detention application, saying that despite the additional charges, Ms Merrett did not pose any additional risk of further offending.

Magistrate Jennifer Price said that despite the severity of the offences the additional charges did not affect the risk that Ms Merrett posed to the community.

She said Ms Merrett's relatively good driving record was in her favour.

Ms Merrett has been driving since 1990, the court heard.

She is expected to enter a six-week full-time residential treatment program in Byron Bay from February 7.

Her bail has been continued on the condition that she stay at her Bellingen home and only leave with her partner to report to Bellingen police three times a week or to attend court.

She has also been ordered to not consume any alcohol or drugs.

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