Brett Noel Penrose, 43, appeared in the Supreme Court yesterday seeking to be released from custody ahead of his trial for the murder of 11-month-old Charlotte 10 years ago.

Justice Betty King told the accused, “I wouldn’t be smiling Mr Penrose” before granting his application for bail.

Penrose, formerly of Wodonga and now of Doreen, handed himself into police on January 28 after a warrant was issued for his arrest over the 2004 death.

In hearing the application, Justice King found there were exceptional circumstances in Penrose’s case and he was unlikely to flee.

She said he had known he was a suspect for 10 years and never made attempts to change his name or identity.

He had a significant history of prior court appearances mostly related to driving offences, Justice King said, however, she reprimanded him for looking happy during the hearing.

“I wouldn’t be smiling Mr Penrose,” Justice King said.

“You have some very serious charges to face, so I wouldn’t be looking so gleeful.”

Penrose was in a relationship with Renee Jones, the mother of baby Charlotte, who died from complications of a head injury on December 17, 2004, just three days before her first birthday.

She also suffered bruises and a broken arm.

Penrose and Ms Jones were interviewed by police over the death but the matter wasn’t referred to the Director of Public Prosecutions until April last year.

Justice King said the significant delay in laying charges and the fact Penrose had a steady job and children were also factors in her decision to grant bail.

The delay was an indication the crown’s case was weak, she said.

Penrose was ordered to report daily to the Mill Park police station and provide surety of $250,000.

A trial date is yet to be set.