Eight years after bashing a four-year-old boy to death, a NSW man has lost his bid for bail while awaiting trial on rape charges.
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The 30-year-old, who can't be named for legal reasons, was charged in April 2018 with two counts of sexual intercourse without consent and one of stalking or intimidation with the intention of causing fear of physical harm.
He was sentenced in 2013 to at least six years' jail after pleading guilty to the manslaughter of his then-girlfriend's young son while bathing him as he was coming down off amphetamines in 2011.
In applying for bail in the Supreme Court on Wednesday, the man's lawyer said his conviction over the killing had made him "vulnerable" in jail.
He argued any risk he presented to the alleged victim could be mitigated by strict bail conditions that would see him essentially living under house arrest with his parents on the South Coast.
But Justice Peter Garling revealed the man had already managed to contact the woman by letter sent from jail.
"How does the court stop a letter of this kind which is, based on one view, a letter to attempt to persuade the complainant to change her mind and not proceed?" he said.
Justice Garling said while he had no doubt the man's parents were "diligent, well meaning people", he wasn't sure they could stop their son from writing another letter when professionals in prison could not.
The Crown said the fact the man had sent his alleged victim a letter was a "significant concern" even if the man was bailed to an address five hours away from the woman, as in the case of the letter "distance didn't matter".
The court heard the alleged victim was the man's ex-girlfriend and had made a complaint while attending a police station to return his belongings on "neutral ground" after they broke up.
The man's lawyer said he would defend the charges and submitted there was some doubt about the complainant's version of events due to her failure to immediately report them to anyone.
However, Justice Garling noted the Crown case was "reasonably strong" and that the District Court had decided to commit the man to trial.
"It follows that the court must have been satisfied that there was evidence to support the case," he said.
"It does appear that there is material capable of corroborating the account of the complainant."
In refusing bail, Justice Garling noted the man was charged with offences carrying a maximum penalty of 14 years in prison.
He is due to face trial in February 2020.
Australian Associated Press
