I just saw this post on my Facebook. One of the things my contact said: 'Tostee was acquitted from accusations that he pushed her off the balcony but he
should be tried for restraining someone against their will...and depriving her of her liberty...."
I have no idea if she expects him to be charged with this in the future or that she meant to say "
should have been tried....."
http://www.courts.qld.gov.au/__data...3/sd-bb-104a-deprivation-of-liberty-s-355.pdf
The prosecution must prove that:
1. The defendant:
(1) confined1
or detained2
another in any place against the
other persons will; or
(2) otherwise deprived3
another of the other persons
personal liberty.4
2. The defendant did so unlawfully. That is, not authorised, justified or
excused by law.
Detain means keep in confinement or under restraint. Restraint can be
exercised by threats. The defendant does not have to use force or physical
restraints. If the defendant compels the person by threats to remain in a
place against that persons will, that is sufficient. Depriving of liberty
simply means taking away the free choice of a person to move about as he
or she wants.
Criminal Code 1899 - SECT 355. Any person who unlawfully confines or detains another in any place against the other person's will, or otherwise
unlawfully deprives another of the other person's personal liberty, is guilty of a misdemeanour, and is liable to
imprisonment for 3 years.
Criminal Code 1899 - SECT 355 355 Deprivation of liberty - AustLII
www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s355.html
But as far as the law was concerned in this case, Tostee
lawfully deprived Warriena of her liberty so he could not even be charged for that!