Mr Tostee, who denies the murder charge, could be released on bail on Wednesday morning, as police prepare the case against him over the balcony fall death of New Zealand tourist Warriena Wright.

Ms Wright was alone when she plunged from Mr Tostee's Surfers Paradise 14th-floor balcony, after he allegedly locked her out during a violent struggle when their romantic date turned sour.

But police believe they can prove a murder case because Ms Wright, 26, was allegedly in fear for her life while trying to escape the balcony early on August 8.

In the Brisbane Supreme Court on Tuesday, prosecutor Ben Power drew links between the Tostee case and that of John Andrew Stuart and James Richard Finch - two men convicted of murder over the March 1973 Whiskey Au Go Go fire.

On that occasion, Stuart was found guilty of murder because his decision to instruct Finch to light a fire was an act with an unlawful purpose that was likely to endanger human life.

The fire was lit in a bid to extort the nightclub owners, but 15 people were killed.

Police will draw parallels between Mr Tostee's decision to allegedly lock Ms Wright out on the balcony and Stuart's choice to plan the fire.

"[Mr Tostee] had a choice of whether to allow the victim to leave. She was pleading with him to let her go. He, through that act, deprived her of her liberty," Mr Power said.

"The context of the physical act is very important. In this case the dangerous act was shoving the victim out onto a 14th-storey balcony and locking her out there."

Mr Power said the balcony had "no sensible route of escape".

However, Mr Tostee's solicitor Soraya Ryan rejected the argument, saying her client locked Ms Wright out because he was trying to protect himself.

Ms Wright picked up an object and was threatening to hit Mr Tostee during the struggle, Ms Ryan said.

"It doesn't matter what the deceased thought [Mr Tostee] was going to do to her. She may well have been screaming fiercely because she feared he would throw her off the balcony," she told the court.

"Whatever the deceased thought, she was wrong. [Mr Tostee] shut her out of his apartment on the balcony. He separated her from him. The threat she may have feared was not realised."

Justice Debra Mullins is expected to deliver her verdict on Mr Tostee's bail application at 9.15am on Wednesday.

Police want Mr Tostee to remain in custody because they claim he poses an unacceptable risk to the community.

However, Mr Tostee's lawyers say their client has promised to abide by curfews, live with his parents, regularly report to police, and restrict his alcohol consumption.

Ms Ryan said Mr Tostee was not a flight risk because he desperately wanted to clear his name.

Mr Tostee also vowed to not use Tinder, the mobile phone dating app he and Ms Wright used to organise their date on the evening of August 7.

The police brief of evidence against Mr Tostee is due to be completed by April 2015, with a trial likely to proceed in 2016.