A man facing a possible life sentence over his alleged role in the gang rape of a teenage girl at a western Sydney party has failed in his bid to be released on bail.
Tristan Carlyle-Watson allegedly contacted the 16-year-old girl over Facebook and invited her to the party at St Clair, where he is said to have given her alcohol and cannabis.
It is alleged she blacked out a short time later and that, as she drifted in and out of consciousness, she was sexually assaulted by several men.
During a bail hearing on Wednesday, the NSW Supreme Court heard that the alleged attackers took turns having sex with the teenager and filmed themselves in the act using a GoPro camera, and that Mr Carlyle-Watson was captured on film laughing.
Justice David Davies said the footage depicted "what can only be described as a gang rape of the victim when she was sometimes unconscious, and the rest of the time exceptionally inebriated".
He added that it was reasonable to infer that one of the drinks she had been given was spiked.
However, the Mr Carlyle-Watson's lawyer told the court the film did not show his client engaging in sexual activity with the complainant, and that the girl's stated memories of what took place at the party were unreliable.
"Her first recollection was that she had no idea that she had sex with anyone. That was the first thing that she told her friends," the lawyer told the court.
"It was only when the police had access to the GoPro that they saw the footage, and made inquiries and spoke to her."
That footage was only discovered after police involved in a graffiti crackdown seized the GoPro last May as part of that investigation.
Mr Carlyle-Watson has been in jail since last October. Although he was initially facing one charge of concealing a serious indictable offence, he has since been charged with further offences including aggravated sexual assault in company, which carries a maximum penalty of life in prison. He was also charged with sexual assault.
Justice Davies refused bail after finding the defendant had failed to show cause as to why his continued detention was not justified.
"I have serious doubts that any bail conditions that could be put in place would ensure the victim's safety," he added.
The case returns to Penrith Local Court on Friday.
Three other men and a teenage boy were also charged over the alleged incident and remain before the courts.