Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #7

[Elde Fruit]

Would your 'required' force include threatening that person so badly -including a veiled threat about throwing them off the balcony- that they were screaming 'no' hysterically for a few minutes? Then would your 'required' force include locking them outside on the balcony you spoke about throwing them off? With no safe way to get home?

Or would you just lock them outside your apartment in the hallway and call a cab? Or the police, if you were so badly frightened for your safety by them throwing decorative pebbles?

I suggest that the 'No No' repetitive screams occurred when he was physically removing her to the balcony. Once he had done that, he disengaged and returned inside his Unit. Simple as that. Problem neutralised, situation de-escalated. All good.

 

[Estelle]

Several ornamental rocks that were positioned in a bowl in Tostee’s apartment tested positive for blood. The court previously heard Ms Wright threw the rocks at Tostee.

http://www.goldcoastbulletin.com.au...t/news-story/91fbb0b8b03ae325479ff789f17bfef8
Yes they were rock rocks imo.
It does seem odd that they would be positioned in the bowl however. hmmm.

Here is a photo of the ornamental rocks.

(I am suspicious that Tostee could have altered the crime scene and spread more of them around before he left the apartment as was her throwing these rocks heard on the tape?).

However, he had no serious injuries.

http://www.news.com.au/national/que...s/news-story/6e2752c50ff2830c9762cacca1127dd4

 

[Elde Fruit]

Sure. I would remove the bowl and secure it somewhere else. If I felt threatened or removing said bowl was not an option, my default action would not be to use force, I would remove myself from the situation and seek further assistance

How would you do that, and still be in a position to restrict the bizarre behaviour of your invitee and protect your Home from damage?

 

[Elde Fruit]

Here is a photo of the ornamental rocks.

(I am suspicious that Tostee could have altered the crime scene and spread more of them around before he left the apartment as was her throwing these rocks heard on the tape?).

However, he had no serious injuries.

http://www.news.com.au/national/que...s/news-story/6e2752c50ff2830c9762cacca1127dd4

If there was a hail storm and the hail was of that size, the media would refer to it routinely as 'gold ball size.' He could have suffered very serious injury upon being assaulted by W with the 'metal object.'

 

[sleepinoz]

She did unlawfully assault him with a metal object, and the consequences could easily have been grievous bodily harm. He was lawfully entitled to self defence, and that is what he did.

No she didn't - Tostee said himself in this post:

I tried to make her leave but instead of leaving she grabbed a nearby metal object and tried to swing it at me.

http://www.numisc.com/forum/showthr...t-on-the-balcony!!&p=9116&viewfull=1#post9116

Are you not reading the conversation? It's been mentioned several times today.

 

[Strangeworld]

I suggest that the 'No No' repetitive screams occurred when he was physically removing her to the balcony. Once he had done that, he disengaged and returned inside his Unit. Simple as that. Problem neutralised, situation de-escalated. All good.

As in she went over the balcony to her death?

As for disengaged....I just cant go there again....

 

[possumheart]

February 13, 1986
Probably Gold Coast, Australia

Capricorn Tiger

 

[Elde Fruit]

How many men, on average, die each week at the hands of women? In contrast, do you know how many women die each week at the hands of men?

I don't know. However, Tostee was potentially one of the men killed by a metal object in the hands of W, a woman.

 

[Strangeworld]

How would you do that, and still be in a position to restrict the bizarre behaviour of your invitee and protect your Home from damage?

My interest would not be in restricting anything or anyone, nor protecting my home myself. If the danger was as great as Tostee described, I would remove myself. Anything else?

 

[sleepinoz]

Capricorn Tiger

Unfortunately he's Aquarius Jan. 20 - Feb. 18 Just like me :scared:

 

[SouthAussie]

Let's face it. Warriena was acting like an unruly child - for a while - when she was drunk that night. There was absolutely no need to use force on her like that. Tostee had many, many other options open to him to resolve the annoying situation.

BUT his desire for her to stay the whole night seemed to take precedence over everything. So he kept her phone, kept her belongings, kept her drinking, kept whinging, and kept recording ......

imo

 

[Elde Fruit]

No she didn't - Tostee said himself in this post:



http://www.numisc.com/forum/showthr...t-on-the-balcony!!&p=9116&viewfull=1#post9116

Are you not reading the conversation? It's been mentioned several times today.

Ah, you seem not to know what 'assault' is according to the Qld. Criminal Code. Here it is:

[h=3]Criminal Code 1899 - SECT 245[/h] 245 Definition of assault 245 Definition of assault

(1) A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent, or with the other person's consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person's consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person's purpose, is said to assault that other person, and the act is called an assault.
​

(2) In this section—​

applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.​

BBM.
​

 

[SouthAussie]

Are you using the Reply With Quote button SA? It automatically places the post you want to quote within the quote tags. The quoted post should always be wrapped within the tags. If one of the tags is missing the quote will be broken.

Yes, I am doing it as normal Makara. But it seems to be resolving for me now. Never had that happen to me before, so it took me a minute to work out what to do to fix it. lol

 

[Sillybilly]

If you see a broken quote, please Alert on it immediately. Broken quotes are disrespectful to other members, and to Mods who must spend an inordinate amount of time going back through the whole convo, trying to figure out who really said what, and having to fix it all up.

PLEASE be courteous and take time to preview your post to ensure you are quoting the correct author.

:tyou:

 

[Elde Fruit]

Let's face it. Warriena was acting like an unruly child - for a while - when she was drunk that night. There was absolutely no need to use force on her like that. Tostee had many, many other options open to him to resolve the annoying situation.

BUT his desire for her to stay the whole night seemed to take precedence over everything. So he kept her phone, kept her belongings, kept her drinking, kept whinging, and kept recording ......

imo

Her 'unruly' (which is a gross minimisation of what was actually happening) behaviour included a serious and unlawful assault of Tostee immediately before he removed her (how is unknown) to the balcony and while he did so she was screaming "No....." repetitively. It is not useful to pretend that assault did not happen, nor it it useful to ignore what is common ground....once she was on the balcony, he disengaged.....etc.

 

[sleepinoz]

Ah, you seem not to know what 'assault' is according to the Qld. Criminal Code. Here it is:



BBM.
[/INDENT]

I will say the same to you -

who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person's consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person's purpose, is said to assault that other person, and the act is called an assault.

He was trying to forcibly remove her at the time, assault goes both ways.

Please read Tostee's statement again:

I tried to make her leave but instead of leaving she grabbed a nearby metal object and tried to swing it at me.

 

[SouthAussie]

I will say the same to you -

He was trying to forcibly remove her at the time, assault goes both ways.

Please read Tostee's statement again:

I tried to make her leave but instead of leaving she grabbed a nearby metal object and tried to swing it at me.

I always found it odd that he said 'a nearby metal object'. Why not say 'one of the legs of my small (spying) telescope'?

 

[sosocurious]

Ah, you seem not to know what 'assault' is according to the Qld. Criminal Code. Here it is:



BBM.
[/INDENT]

Whether Rrie assaulted Gabe with the rock rocks, telescope clamp is not being disputed by the prosecution. Is it?
Gabe had the situation under control, she had been grasping for breath then began pleading no, no, no, no, no. Let me go home, Let me go home.
I would but you have been a naughty girl.
imo

 

[possumheart]

I always found it odd that he said 'a nearby metal object'. Why not say 'one of the legs of my small (spying) telescope'?

Nearby metal object sounds so much more sinister

 

[Elde Fruit]

I will say the same to you -

He was trying to forcibly remove her at the time, assault goes both ways.

Please read Tostee's statement again:

I tried to make her leave but instead of leaving she grabbed a nearby metal object and tried to swing it at me.

And you indeed make the same point I am. Firstly, she throws those rocks, one apparently striking him. He stops that, lawfully, perhaps by restraining her. While he is doing that, she assaults him (in such a way as could cause GBH) with that metal object. He gets that from her, perhaps while holding her down with an arm across her chest using so little force that there is no medical evidence of any serious pressure, and then removed her (how is unknown, but it involved little force given there were no signs of anything else according to the Expert) to the balcony while she screams as aforesaid. He disengages. All is well. Next thing he is aware of about her is that she in no longer visible on the balcony.