Jack Evan West, of Bolton Point just south of Newcastle, appeared in court charged over driving while unlicensed and breaking a curfew that formed part of his bail.

West was on bail from a previous charge relating to an alleged assault on a Sydney to Newcastle train on November 19.

Read more: Man set fire to Bellambi home with his children inside - court

The police facts allege he was spraying graffiti on the train when another passenger asked him to stop.

West then allegedly confronted the man and rained blows on him before bystanders intervened.

The police facts state the alleged victim suffered a suspected fractured nose and eye socket.

As part of West's bail conditions was a curfew where he had to be at a Bolton Point residence between 9pm and 6am.

However, police allege West was pulled up for a random breath test in Mangerton after 10pm on Saturday.

He returned a negative result and a drug test was also administered after West allegedly admitted to smoking marijuana.

That test was also negative.

When asked to present his licence, West allegedly told police he didn't have one.

In Wollongong Bail Court, Police Prosecutor Shannon Ryan opposed bail.

He said the latest charge was unlikely to result in a jail sentence but West's record showed a failure to comply with bail conditions.

Legal Aid solicitor Laura Fennell said her client had decided to drive down to Jamberoo Action Park because of Saturday's hot weather - adding that he didn't like the beach.

Ms Fennell said West was on his way back to the North Coast but his car was running out of petrol when the police pulled him over.

Registrar Darcy noted West had nine previous breaches of bail on his record.

She added that he was a disqualified driver and should not have been driving.

West was refused bail and will appear at Toronto Local Court on Monday.

We depend on subscription revenue to support our journalism. If you are able, please subscribe here. If you are already a subscriber, thank you for your support.