possumheart
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Great post Ausgirl!
Forensic experts who examined Gable Tostee's 14th floor apartment where Warriena Wright fell to her death will continue giving evidence on the third day of his trial
Police officers who investigated the 26-year-old's death as well as forensic experts are expected to give evidence on Wednesday.
https://au.news.yahoo.com/qld/a/32868465/forensics-to-be-heard-in-tostee-trial/#page1
Has the Court heard anything about this so called moonshine or is it just nonsense?
http://www.brisbanetimes.com.au/que...ostee-ashamed-of-himself-20141203-11z3v2.htmlIt occurred after the pair had spent the previous hours drinking, with police alleging Ms Wright was heavily intoxicated on home-distilled vodka.
In documents recently tendered to the Brisbane Supreme Court, Mr Tostee said alcohol lowered his inhibitions "far too much".
He owed her a duty, he breached it (by plying her with alcohol, assaulting her, choking her, imprisoning her) and damage resulted. Of course the victim has contributed somewhat but anybody who has been strangled, tackled and drugged would reasonably be expected to act irrationally. The terror in her voice was so obvious and sustained GT had ample opportunity to come to his senses and put her out the front door but he chose to put her in a dangerous position..
and he stated he wouldn't let her go home, and his reason why, because she was , in his considered opinion, a 'bad girl'.....
I believe the statement made by Tostee, as Warriena begged him to let her leave and go home, "I would, but you've been a naughty girl" will play a huge role in the case for manslaughter. It shows his intent to confine her on the balcony was not 'self defense' ie, fear of for his own life, but more punitive in nature.
I reckon he'll walk on murder. No evidence of intent, no immediate direct threat. The violence appeared two way prior. He'd locked her out and appeared to walk away. He wasn't banging the door down like Royal.
It's also not foreseeable. At all. In such a short period of time. She was over in less than 10 seconds.
On manslaughter, there's no causation because her own actions interrupted the chain. It's called a novus actus interveniens. He will walk also.
This differs from GBC in that Tostee actually has multiple very good legal defences at his disposal and a QC to put those arguments forward. The jury will be given some very detailed directions.
This will be a good case to see if the Courier Mail can actually demonise someone so far as to exclude a person relying on defences.
Whilst he may be an *******, doesn't mean he's guilty.
This is just a witch hunt. He's just atypical of the man feminists like to hate. I hope he writes a book after this. No one deserves to be subjected to such persecution.
To answer the great mystery, why would someone record it? Simple - to counter false rape allegations. It's easy if you're a woman to label it as 'weird' but try having your life ruined by someone's regret. Pretty wise move for an avid tinderer.[/QUOT
You are incorrect - the chain of causation hasn't been broken - there is no lapse in time - it is one single event from the struggle to him locking her out to her falling - her falling is the event it is a logical fallacy to say the primary event is the intervening event - you may be thinking contributory negligence which used to be a complete defence but the law was reformed so blame is now apportioned appropriatellt between the claimant and defendant
Are you American? Whilst I respect that you are an attorney, there is not much point talking about Qld law if you are American.<modsnip>
I never tried to knock Warriena.... she's dead, how much worse can it get.
And the tapes, though I've heard them many times, are awful.
No-one seems to cut some slack that these were 2 people who should have called it a night hours earlier. They met for a good time, maybe they did for a while...
Then it dragged on, they both got a bit too boozed up.
They didn't know one another,,, so when it went wrong, it really went wrong.
If GT had been in a house, he would have slung her out the front door... and maybe relented later and caller her a taxi home and thrown her shoes after her.
The choice he made in pushing her onto the balcony, or maybe locking her out after she ran there, was very very bad, but how did he know she would try to get over the balcony?
I guess, he thought she would calm down a little and he could get her home after. Bad judgment.
W was so off her head, sadly her inebriation went to aggression. She thought she was in control, she was just plain ugly drunk.
Her terror is obvious but I think a reasonable or less drunk person might not have reacted the same way.
We'll have to see how the trial goes of course, I'm afraid GT is still a bit delusional about how it will turn out.
His behaviour in putting her on the balcony, IMO, was reckless endangerment at the least. Given her hysteria at that point, maybe more.
She, on the other hand, had a measure of responsibility and there I know the pack will come down on me.
It's like the "but for" test... and proximate cause....
https://en.wikipedia.org/wiki/Proximate_cause
All the ways that night "MIGHT" have ended, but sadly didn't.
It's a terrible passing for a lovely young lady, but for....
October 1, 2015
Ms Wrights autopsy, which showed she had a blood alcohol reading of 0.156 at the time of her death.Such a reading, more than three times the legal Australian driving limit, is considered high range
http://www.goldcoastbulletin.com.au...e/news-story/5ad7f4f2c6a9fa9f3a336a461b47edd3
http://www.brad21.org/effects_at_specific_bac.html0.13-0.15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria (anxiety, restlessness) is beginning to appear. Judgment and perception are severely impaired.
Actually he did emphatically tell her she was leaving, she refused to, and elected to hit him with the telescope stand. This is the bit you keep leaving out, because it suits your narrative. Remember the jury have heard all this now.If Tostee had seriously wanted to get rid of Warriena, all he had to do was open his front door and let her out.
As long as he had her locked out on the balcony, he knew she was his prisoner, the last parts of the recording are chilling, he is so calm, he knew exactly what he was doing.
Yes ,...every young man knows this is a very clear and present danger, that's why these form of personal recording via wristband are now so popular. Same as dashcams, home security, etc. This case will also cement firmly in young men's minds the dangers they face when on dates, and false rape allegations are just one of those, there have been so many instances of men being falsely imprisoned it is not funny.To answer the great mystery, why would someone record it? Simple - to counter false rape allegations. It's easy if you're a woman to label it as 'weird' but try having your life ruined by someone's regret. Pretty wise move for an avid tinderer.