Emma Martha Duffy applies for bail after jail sentence for drug driving crash

A Blue Mountains mother jailed over a horrific drug driving crash which altered the life of a young nursing student has made an early bid for freedom ahead of an appeal.

Blue Mountains mother Emma Martha Duffy, 42, broke down in tears in the Penrith Local Court on May 19, as her sentence was handed down.

A Blue Mountains mother has been granted early release from jail after causing a horrific crash while under the influence, which altered the life of a young nursing student.

Emma Martha Duffy, 42, broke down in tears in the Penrith Local Court on Friday, May 19, as her sentence was handed down for causing a horrific crash in Winmalee in October 2023, which left a 22-year-old nursing student with “lifelong” injuries.

Duffy had pleaded guilty to one charge of dangerous driving causing grievous bodily harm while under the influence and was sentenced to serve at least 10 months behind bars after she was found driving with a cocktail of prescription drugs and THC in her system. She was also disqualified from driving for three years.

An appeal against the severity of her sentence was lodged the same day and will be heard on June 2.

Duffy’s solicitor Isabelle Worrad made a bail application at Penrith District Court on Thursday, telling the court her client suffered from Ankylosing spondylitis and fibromyalgia – two chronic conditions which cause her immense pain, and neither of which have a cure.

Penrith Local Court was previously told she had been prescribed medication to manage the pain, but was self-medicating with cannabis oil containing THC – the psychoactive ingredient in cannabis which causes a “high”.

Ms Worrad said her client had since been prescribed a cannabis oil without THC, which she had been using instead since March 2025.

She told the court her client had already missed an important medical appointment for her conditions since being sentenced, which she attended every eight weeks.

Ms Worrad asked for Duffy to be released from prison and subject to an Intensive Corrections Order (ICO) with a home detention condition, which meant she would be under house arrest but still able to undergo treatment for her condition.

She said a $10,000 surety from Duffy’s husband was also on offer to secure her release.

Crown prosecutor Karthigeyan Kanagasabapathy opposed Duffy’s release from prison and said Duffy would spend a minimum further 10 days in jail if denied bail, due to her appeal hearing listed on June 2.

He pointed out the level of Duffy’s intoxication at the time of the crash, which she wrote in an affidavit was so intense that she “blacked out” shortly before the crash; as well as the importance of responsibly taking prescribed medicines and that she took THC while also using the medicines, not knowing what the result may be.

Mr Kanagasabapathy also pointed out how Duffy was sleep-deprived at the time of the crash.

When Judge Thomas Jones agreed to grant Duffy bail she was seen sobbing on screen.

She was ordered into home detention and will only be allowed to leave her home with her husband to report to police once a week, undergo medical treatment or meet with her lawyers.

She will next face court on June 2 for her appeal hearing.