A man accused of rape has had his bail revoked after allegedly driving with ice in his system at Wangaratta and breaching a curfew.
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Brendan John Sultana is facing two counts of rape, one charge of sexual assault, and a charge of aggravated burglary following an alleged incident on August 27 last year.
It's alleged the 42-year-old broke into a home at Broadmeadows and raped a woman with an intellectual disability.
Her carer allegedly walked into the room and found Sultana on top of the woman, who then left.
He was charged in February and taken into custody, but was released on bail on July 1.
The 42-year-old was ordered to live at a home in Bennett Court in Wangaratta, follow a curfew, and not use drugs.
But Sultana came to police attention 18 days later when he was stopped by an officer from the Wangaratta highway patrol, 20 minutes outside of curfew.
He allegedly tested positive to ice.
The Office of Public Prosecutions recently applied in the County Court for Sultana's bail to be revoked following the drug test and curfew breach.
He had also failed to appear in court.
The prosecution alleged that Sultana had consistently failed to comply with court orders, but his defence lawyer argued the new offending was not enough to have his bail revoked.
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The court heard he would be likely to spend a lengthy period on remand, awaiting trial, given the COVID-19 pandemic.
The court heard there had also been "misgivings" about releasing Sultana on bail on July 1 with concerns he would commit further offences or interfere with witnesses.
In revoking bail, Judge Michael O'Connell said Sultana's alleged use of methamphetamine was a "recipe for disaster".
"Although there is no obvious connection between methylamphetamine use and the rape allegations that give rise to the trial, there is, in my view, a very real risk now that the respondent will continue to use methamphetamine and commit further offences on bail," he said.
"Now he has used methamphetamine only a short time after being released on bail.
"(His lawyer) characterised the breach as a relapse.
"However it is characterised, it is, in my view, a recipe for disaster and constitutes an unacceptable risk to the community."
A trial is listed for next March, which may change.
Sultana will return to the court in Melbourne on Thursday.
