A man accused of raping a woman as she arrived at her car after work in Newcastle has been released on bail, largely because he will not face a trial until next September at the earliest.
David John Greentree must not enter the Newcastle local government area except for medical or legal appointments while on conditional release, he must also abide by a curfew and cannot contact any Crown witness.
The court heard the 49-year-old would live with his mother in Sydney.
Newcastle District Court Judge Peter McGrath, SC, granted the bail on Thursday afternoon.
Judge McGrath said the Crown case appeared to be strong, but "the purpose of remand is not for an accused person to start serving a sentence".
Mr Greentree has been in custody since he was charged in late 2021. The court heard he would not face a trial until at least September, 2024.
The Crown argued against bail, saying Mr Greentree posed an unacceptable risk to the community because the alleged attack was random and took place while other people were in the vicinity.
The court heard that Mr Greentree's DNA and sunglasses were allegedly found in the car where the attack took place, which belonged to the woman.
Mr Greentree previously pleaded guilty to one count of sexual intercourse without consent but was allowed to reverse that to a plea of not guilty in July after Judge Penelope Wass, SC, found that the Windale man's ability to make rational decisions at the time of the plea had been compromised because he had not been appropriately treated for diabetes.
The charge carries a maximum penalty of 14 years in jail.
According to a statement of police facts, the attack took place as Mr Greentree's alleged victim was walking to her car late on the night of December 10, 2021.
Mr Greentree had left his work Christmas party and failed to get into the Newcastle Hotel on Maitland Road before he allegedly crept-up behind the woman, pushed her into her van and told her "no-one is going to hear you scream".
According to the police statement of facts, he allegedly held her down, put his hand over her mouth and sexually assaulted her before she punched him in the head 15 times and yelled for help - prompting him to flee.
He then went to King Street McDonald's where he called his wife for a ride home.
Mr Greentree was arrested at work on December 13.
