A man accused of murdering a rapper with a samurai sword in a Sydney street has been granted bail, after a judge described the argument to keep him behind bars as "pathetic".
Blake Davis sat quietly and teared up as he appeared via videolink from Long Bay Prison Hospital in the NSW Supreme Court on Tuesday.
The 28-year-old — whose freedom was granted with a $493,000 surety — thanked Justice Stephen Rothman, who lashed prosecutor James Ly's argument as "pathetic".
In opposing bail, Mr Ly was unable to answer why Mr Davis posed an unacceptable risk to the community.
"What evidence [is there] that he'll commit another murder?" Justice Rothman asked.
"Just he's been charged," Mr Ly said.
"Frankly I find that pathetic," Justice Rothman said.
"I do not accept there is risk of a failure to appear in court, or to commit a serious offence."
Mr Davis and his girlfriend, Hannah Quinn, are accused of murdering Jett McKee, also known as Scepaz, after he allegedly invaded their Forest Lodge home in August.
Mr Davis' lawyer Philip Strickland argued his client had serious mental health issues "that could jeopardize his ability to present himself at trial".
"This is a man who has never been to jail and for the very first time is facing a murder charge, so [the] ability to present himself properly is critical," he said.
Police say attack came after home invasion
Police allege the couple were at home when Mr McKee broke into the Forest Lodge granny flat and demanded money while wearing a balaclava and armed with pepper spray, a fake gun, and knuckledusters.
He allegedly told Ms Quinn: "I will shoot you. There's lots more people like me who will shoot you".
Police said he then punched Mr Davis in the face before snatching Ms Quinn's bag and running down Hereford Street.
It's alleged Ms Quinn tackled Mr McKee to the ground before Mr Davis caught up and killed him with the sword.
Mr Davis's lawyer Philip Strickland argued his client was acting in self-defence and "perceived a very live threat to his girlfriend" during a scuffle on the street.
His bail conditions include that he live with his mother in the Blue Mountains, wear an electronic monitoring device and report daily to police.
He is also not allowed to go within 100 meters of an airport, or anywhere near the suburbs of Redfern, Forest Lodge or St Peter's.
Ms Quinn, who was also charged with murder, was granted bail a week after the alleged attack.
Last month, a court ruled the young lovers could stay in touch despite police expressing concerns about possible collusion and interference with evidence in the investigation.
Mr Davis is due to face Central Local Court in January.
