Supreme Court Justice Betty King on Wednesday found there were exceptional circumstances to grant Brett Noel Penrose bail, because he had never attempted to flee despite being a suspect for the murder of Charlotte Keen for over a decade.

Mr Penrose, 43, is charged with murdering Charlotte in December 2004.

The baby girl died three days before her first birthday, having suffered a brain injury, a broken arm and 25 bruises across her body.

Charlotte was taken to hospital on December 12, 2004 after her mother, Renee Jones, found her injured in her cot. She died five days later.

An inquest into Charlotte's death heard Ms Jones blamed her then boyfriend, Mr Penrose, for her daughter's death, having left the baby with him when she went out with friends.

Coroner Jacinta Heffey conducted an inquest into Charlotte's death in 2013 and made findings last year, but they are suppressed.

Mr Penrose was arrested in January and charged with one count of murder.

The truck driver and father-of-three applied for bail on Wednesday, when the court heard Mr Penrose had seven times in the past decade failed to answer bail on driving offences.

Prosecutor Stephen Ballek said police were concerned Mr Penrose was a flight-risk given the serious nature of the charge, prior failures to meet bail, and his connections to the trucking industry.

But Justice King said the accused had never attempted to flee and never moved interstate despite first being told in 2004 that he was a suspect in Charlotte's death.

"The fact he has been a suspect for so long is a pretty exceptional circumstance," she said.

Justice King said the prosecution case against Mr Penrose did not seem a strong one, as he was not charged before Charlotte's inquest, and the charge was finally laid eight months after the coroner made her findings.

The court was told police initially also considered Ms Jones a murder suspect, and Justice King said she envisaged a "lot of finger pointing" in the trial.

The judge said Mr Penrose had shown a "contemptuous attitude" when informed he was to be arrested, as he did not arrange to meet police until five days later.

The court was told he claimed he was returning two of his children to their mother and returning his truck to his employer during this time. But, the judge said, it was clear he was not making plans to flee during this time.

At one point during his application, Mr Penrose was warned against smiling by the judge.

"You have a very serious charge (against you). I wouldn't be looking gleeful," she said.

Justice King said the accused's previous failures to appear at court were more a sign of unreliability, which could be addressed through bail conditions.

Mr Penrose, of Doreen, was granted bail on a $250,000 surety and must report to police daily.

He is due to return to court at a later date.