Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #11

[Karinna]

I'd be looking for something along the lines of liquor control laws > host responsibility as it relates to serving liquor to guests and being responsible to ensure their safety.

Hi sillybilly, Yes i have to do a few things and will research into that. If Warriena's family wanted to take it further at some stage they could contact a lawyer and find out if they have any type of civil case to sue GT. But IANAL so i don't know, only research from the internet. There is also a law of "Contributory Negligence", in QLD. so maybe that covers what you mention.
(quote)
What is Contributory Negligence? If an individual caused or contributed to their own harm (i.e. they were partially at fault for the accident which gave rise to their injuries), they are said to have been contributory negligent. Pursuant to the Civil Liability Act 2003 (Qld), the principles which apply in determining whether a defendant has breached a duty of care, also apply in determining whether a defendant has breached a duty of care, also apply in determining whether the person who has suffered injury/loss (i.e. the claimant/plaintiff) has been contributory negligent.
Examples of conduct that may be found to be contributory negligent include:
http://www.hayesgabriel.com.au/contributory-negligence.php

 

[Mandala]

... the difference is, in the Tostee case, the Prosecution, and Judiciary, were intent on gaining an ACQUITTAL. I still think Tostee's daddy, the struggling carpet salesman, who amazingly managed to put a son through a 100k Bond Uni degree, had some very influential connections.

How do we know his Dad paid for it? Maybe he had a HECS or HELP loan?


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[Estelle]

How much would his court case have cost?

 

[Estelle]

I guess he cannot be charged with deprivation of liberty now.

 

[Bohemian]

Could someone with a sub to the Courier-Mail pull up this article and write a precis, please?

xxxxx xxxxxx murder trial: Sister's tears for Warriena Wright: The most important person in my life

My sub has run out and I'm on-shift. TIA. :loveyou:

 

[Satine]

I was reading something last night and in the commentary section someone mentioned that an employee of the Courier Mail had his daughter fall 26 stories from a balcony in 2012 at the schoolies thing. How sad.
Why oh why aren't these high rise buildings made safer taking this sort of thing into consideration. I myself think that balconies on high rise buildings should have to meet a building standard where it is impossible for someone to fall to their death. Maybe people should demand it IMO.

I live in Melbourne in a very densely populated area which is made up of high rise apartments. There are a lot of new buildings going up too, all the balconies including mine are "open" balconies because it is much cheaper than building a "winter garden" or enclosed balcony. You can't walk out to the "backyard"...your balcony is your only source of fresh air. Unless building codes change there will always be risks unfortunately.

 

[tiddles24]

I feel strongly that *W's* family should contact a lawyer to see what options are available for them to fight this very unfair Verdict.........although I doubt it will happen as *W's* Mum has made it quite clear to the media how disgusted she is with our judicial system & she has every right to feel that way..........She may just decide to let it go so they can try to get on with their healing process (as she is a Christian & nothing is going to bring her daughter back).

If this had happened to my daughter, I would be contacting a lawyer asap & trying every avenue available for seeking justice for this disgusting Verdict of Not Guilty.......GT should be partly (you would think at least) made accountable for his actions in contributing to her death, by continuing to pour that *home brew vodka* into her, knowing that she normally drank only beer (as surely she would have told him).

I'm afraid I don't believe his alcohol reading was as high as it has been reported, because he would have had to have a clear mind being in full control of his actions that night.

Our judicial system is a total disgrace & needs to be rehashed & overhauled......MOO.

 

[Estelle]

Tostee has gone from Loser to Lothario to Loser again even though the verdict was not guilty. At age 30, I wonder if he will every marry and have children. He probably won't as no woman would have him. He does not know how to have a relationship. .I even wonder if he will ever have sex again. I also wonder how long he will continue to live with his parents.

 

[Bohemian]

'The murder trial of xxxxx xxxxxx - the Australian man who's been found not guilty of murdering Warriena Wright, the New Zealander he met on tinder.

The challenges this case threw up for the jury was evidenced by the fact it deliberated for four days.

Was he guilty of murder or manslaughter, the jury was asked? No, the jury decided, he wasn't.'

'There were sounds of Wright choking - was [he] strangling her, or was he attempting to defend himself? We will never know.

"Causation" was the central issue to this case.

What caused Wright's death? What led to her death?

What happened that prompted her to climb over a balcony to escape, believing she could reach the balcony on the 13th floor below? We will never know.

Wright, tragically, took those answers to her grave.'

'Clearly she was acting in fear and there can be no doubt that [he] was the perpetrator of that fear. But the jury said that didn't make him a murderer, or guilty of manslaughter.

I would argue he's guilty of the reckless endangerment of life. And when he saw Wright climb over the balcony, the fact that he didn't intervene potentially means he failed to provide the necessaries of life too.'

'And ultimately now a young woman is dead. What killed her? Fear. She was, I think, frightened to her death.

But sadly that is not a crime in the eyes of the law.'

Source: 'She was frightened to her death'

 

[Satine]

'Its ostensible subject was rugby’s recent sex scandals, but yesterday’s op-ed by Northland Age editor Peter Jackson seemed more concerned with criticising the sexual behaviour of Warriena Wright, the New Zealander whose death led to xxxxx xxxxxx facing murder charges in a Brisbane court. An appalled Kristina Hard responds.


Yesterday nzherald.co.nz republished a vitriolic screed in which Northland Age editor Peter Jackson – the Canon Media Awards’ Best Editorial Writer for 2015 – castigated the “Tinder generation” for its sexual depravity. Worse, he repeatedly ****-shamed Warriena Wright, the New Zealand woman who fell to her death from a Surfers Paradise apartment balcony, calling her “a willing accomplice” and blaming her for “indulging” in casual sex with a stranger without foreseeing the tragic consequences – that she would lose her life.

This is my letter to Peter Jackson in response – the sentences in italics are quotes from his op-ed.'

Source: In defence of Warriena Wright: an open letter to a ****-shaming newspaper columnist

OMG does Peter Jackson even live in 2016? I'm horrified!

 

[Karinna]

How do we know his Dad paid for it? Maybe he had a HECS or HELP loan?


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Exactly. Most Uni students get Hecs loans which i think in the United States is probably the equivalent with a Student Loan.

 

[Karinna]

How much would his court case have cost?

A lot of money i would imagine.

 

[Karinna]

I guess he cannot be charged with deprivation of liberty now.

Yeah i'm not sure about that, and it would be interesting to know. He did in fact keep her a prisoner in his apt. against her will, as attested to from his own words. That is a criminal offense and don't know why he wasn't charged with that?

 

[Karinna]

I live in Melbourne in a very densely populated area which is made up of high rise apartments. There are a lot of new buildings going up too, all the balconies including mine are "open" balconies because it is much cheaper than building a "winter garden" or enclosed balcony. You can't walk out to the "backyard"...your balcony is your only source of fresh air. Unless building codes change there will always be risks unfortunately.

Then i think building standards need to change, IMO. It doesn't take much to bolt a metal grill across a high rise balcony and could save lives in the future. You would still get breezes through like that too, with the gaps in the metal mesh.

 

[Karinna]

I live in Melbourne in a very densely populated area which is made up of high rise apartments. There are a lot of new buildings going up too, all the balconies including mine are "open" balconies because it is much cheaper than building a "winter garden" or enclosed balcony. You can't walk out to the "backyard"...your balcony is your only source of fresh air. Unless building codes change there will always be risks unfortunately.

Yesterday a young couple were found on the ground in Collingwood, the young woman died and the young man is in hopsital recovering.
http://www.news.com.au/national/vic...d/news-story/d18fca09330fb58784a8d84fb276b1f6

 

[purpleandgreen]

BBM

I had the same thought tiddles, and I thought I read somewhere that his reading wasn't taken until next day when he finally handed himself in. Maybe he was very sober on the tragic night, and filled himself up overnight / next morning to make it appear that he'd been drinking too. He's very clever (in a very nasty way), so it wouldn't surprise me. But of course, that's only conjecture and IMO.

I feel strongly that *W's* family should contact a lawyer to see what options are available for them to fight this very unfair Verdict.........although I doubt it will happen as *W's* Mum has made it quite clear to the media how disgusted she is with our judicial system & she has every right to feel that way..........She may just decide to let it go so they can try to get on with their healing process (as she is a Christian & nothing is going to bring her daughter back).

If this had happened to my daughter, I would be contacting a lawyer asap & trying every avenue available for seeking justice for this disgusting Verdict of Not Guilty.......GT should be partly (you would think at least) made accountable for his actions in contributing to her death, by continuing to pour that *home brew vodka* into her, knowing that she normally drank only beer (as surely she would have told him).

I'm afraid I don't believe his alcohol reading was as high as it has been reported, because he would have had to have a clear mind being in full control of his actions that night.

Our judicial system is a total disgrace & needs to be rehashed & overhauled......MOO.

 

[Karinna]

BBM

I had the same thought tiddles, and I thought I read somewhere that his reading wasn't taken until next day when he finally handed himself in. Maybe he was very sober on the tragic night, and filled himself up overnight / next morning to make it appear that he'd been drinking too. He's very clever (in a very nasty way), so it wouldn't surprise me. But of course, that's only conjecture and IMO.

Cunning as a s**thouse rat IMO.

 

[SouthAussie]

BBM

I had the same thought tiddles, and I thought I read somewhere that his reading wasn't taken until next day when he finally handed himself in. Maybe he was very sober on the tragic night, and filled himself up overnight / next morning to make it appear that he'd been drinking too. He's very clever (in a very nasty way), so it wouldn't surprise me. But of course, that's only conjecture and IMO.

You know, this is really weird. His alcohol level was tested 14 hours after he strolled away from his apartment that night. Zero reading.
Yet somehow someone determined that his alcohol level was very high that night ... even though he was not slurring, he was not staggering, there is no visible or audible evidence of that.
And then the judge instructs the jury that if he was so intoxicated, they must consider that in deciding if he had 'intent' to murder Warriena. :thinking:

(I know we've been talking about his alcohol level for a while, so thought I'd go get the 'facts')

http://www.couriermail.com.au/news/...k=d57c7916ae8bcd18bf109b0785239e5d-1477052884


"The court heard both had been drinking, with Tostee’s blood-alcohol concentration estimated to be up to .28 per cent ....
In his summing up yesterday, Justice John Byrne told jurors that intoxication, while not a defence, was a factor in determining intent.

“Evidence relating to the accused’s intoxication is relevant to the issue of intent,” he said. “If, because of the evidence concerning his (Tostee’s) consumption of alcohol or otherwise, you are not satisfied the accused did in fact form the necessary intent ... to cause the deceased some grievous bodily harm ... you must find him not guilty of murder.

“Intoxication ... may be regarded for the purpose of ascertaining whether such an intention in fact existed."

http://www.couriermail.com.au/news/...t/news-story/dd98b238bab64f4825b74b2bab540f1f

 

[possumheart]

They were asked to consider non-existing evidence.
How bizarre.

 

[possumheart]

And we know we know they were asked to unconsider existing evidence