A judge has overturned a magistrate's decision not to grant appeals bail to Wollongong health care worker Emily Mortlock over a horrific pub glassing incident that left her victim with permanent injuries.
Mortlock admitted throwing a schooner glass at Terry Richardson Jnr, the son of Illawarra surfing legend Terry Richardson, during a confrontation at the Cabbage Tree Hotel last July.
CCTV footage from the pub shows Terry Snr and Terry Jnr get up from their seats and walk towards the fracas.
Moments later, Terry Jnr can be seen to shove Mortlock's then-boyfriend, Daniel Quirk, in the chest.
Mortlock, who was standing less than two metres away, immediately threw a glass at Terry Jnr, hitting him in the left side if his face and causing the glass to shatter.
The incident sparked an all-in brawl, which was quickly broken up by staff.
Mr Richardson was left with multiple injuries to his face, including a lacerated eyeball and a severed tear duct. He underwent surgery to remove glass fragments from his face.
In Wollongong Local Court last week, Magistrate Roger Clisdell sentenced Mortlock to at least six months' jail over the assault, finding Mr Richardson's injuries had been "substantial".
Mortlock immediately lodged an appeal against the sentence and sought release on bail in the interim, however it was denied by Magistrate Clisdell, who described her chances of getting a lighter sentence as "grim".
Meanwhile, Mortlock's legal team was granted an expedited bail hearing in Wollongong District Court on Friday.
Her lawyer, Patrick Schmidt, said Mortlock's mother would agree to put up a substantial surety to secure her daughter's release, claiming she was not receiving medication for her mental health issues in custody.
He argued Mortlock was not a flight risk, noting she had been on bail up until her sentence and had always attended court.
Judge Andrew Haesler found Magistrate Clisdell appeared to have refused Mortlock's original bail application because he "wanted her to taste jail".
"I cannot see any bail concerns....a taste of custody is not a basis for refusing bail," he said.
"It was an error of law on behalf of the magistrate."
He granted Mortlock bail to live with her mother in Mt Annan, report to police twice a week and not enter any international points of departure. The appeal has been set down for August 9.