Newcastle District Court: David John Greentree's Islington rape case plea change

David John Greentree, 49, of Windale, pleaded guilty to sexual intercourse without consent in December after the DPP withdrew a more serious charge.

He was expected to be sentenced in March, but instead, his solicitor was today granted leave to issue a short-return subpoena for Greentree's Justice Health records.

They will be taken into consideration before the court decides whether to allow him to traverse his plea.

Greentree was at a work Christmas party and had allegedly tried to inappropriately touch his male colleagues when he was denied entry to the Newcastle Hotel at Islington on December 10, 2021.

At the same time, a young woman finishing her shift at a nearby restaurant headed to her van when she alleges she was attacked by Greentree.

According to document outlining the case against him earlier tendered in court, Greentree had been drinking at the Hamilton Station Hotel and the Kent before heading towards Maitland Road.

Greentree was denied entry due to his level of intoxication and argued with a security guard before walking off alone.

At about 11:30pm, the victim had finished her shift and opened the passenger side door of her van to reach for perfume in her centre console. which is when Greentree is alleged to have pushed her into the van and sexually assaulted her.

At almost 1am, Greentree texted his wife asking her to pick him up at McDonald's in Newcastle and when she arrived at 2am she found him asleep on the grass outside.

Greentree told police he had "more full-strength beer than he should have" arguing he didn't remember the attack, saying "No, no way I would have done that, I can't remember but I didn't do it, I just can't believe it happened".

"I'm not gunna [sic] deny it, but I can't remember doing it," he told police.

The matter was adjourned to May 12 for return of the subpoena and to fix a hearing date.

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