Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #8

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I want my old Websleuths forum back, this one doesn't feel like the friendly one it usually is.
 
Off Topic (sorry).......Bo, thankyou for starting a thread here on WS for the Davidson family of four & their dog found dead in their home yesterday.......gassed in suspected Murder Suicide.......just so so sad..:tears:
There was a lovely story about it on ABC's 7.30 Report tonight.

Heartbreaking.
 
Apologies in advance if this has been asked previously, I have read through most of the threads looking for what others thoughts are about the shoes and their positioning on the balcony? The shoes on the balcony are the ones GT had on when he met WW. He is wearing different shoes when leaving the building. The way the shoes on the balcony are positioned seems odd- one facing towards the balcony and the other away.
Yep true petalw , mentioned a few hrs ago , circumstantial tho

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I think he probably took his shoes off when they got there earlier. I can't imagine him wearing shoes yet being shirtless? Maybe it's just me, I never wear shoes at home.

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What if you are of the opinion that any force was unnecessary?
He should have just let her go out the door the moment she started screaming and pleading to go home or, you know, the first time he said she had to leave instead of denying her her possessions.

BBM.

It is common ground, and confirmed by the Judge, that he was unlawfully assaulted by W with that metal object, and that, as a consequence, he was entitled to remove her to the balcony. How else can you read/interpret what he said:

"You must find the accused not guilty of murder or manslaughter unless you are persuaded beyond reasonable doubt that the accused used more force than was reasonably necessary to remove Warriena Wright from the lounge to the balcony of his unit," he said.

Do you see that the Judge is not putting into question whether GT was right or wrong in removing her there? He is accepting he was entitled to put her there. He is telling the Jury that they must acquit unless they are satisfied beyond reasonable doubt the method used to get her there involved unreasonable force. We have no idea what that method was, so how can we apply our mind to whether it involved unreasonable force?
 
The recording answers everything they need to know. It's not complicated, but perhaps it challenges some preconceptions about what murder is.
 
That is not entirely correct. The Defence was that he put her there to remove the Threat (she had only just unlawfully assaulted him with the metal object,) to neutralise her, and to de-escalate the situation.

Can I ask why you post that she assaulted him with the metal object? Even HE says, very definitively, that she TRIED to.

We don't hear her do it, we don't hear any "ow, why did you hit me". He says why did you TRY.

Please, can you post a link showing the evidence that she hit him with it? Thanks!
 
The recording answers everything they need to know. It's not complicated, but perhaps it challenges some preconceptions about what murder is.

How does the recording answer this:

"You must find the accused not guilty of murder or manslaughter unless you are persuaded beyond reasonable doubt that the accused used more force than was reasonably necessary to remove Warriena Wright from the lounge to the balcony of his unit," he said.

CBM.
 
Can I ask why you continually post that she assaulted him with the metal object? Even HE says, very definitively, that she TRIED to.

We don't hear her do it, we don't hear any "ow, why did you hit me". He says why did you TRY.

Yet, we clearly HEAR her being choked, but because there was no conclusive evidence, you deny this. How can you deny this yet claim he was hit with that object when there is no evidence, not one bit, besides him saying she tried??

Please, can you post a link showing the evidence that she hit him with it? Thanks!

It's clear he would have said you hit me with it, and not tried, if that is what she had done.
 
Oh FFS! Removing a person into danger is not an acceptable action!
Is anyone else wondering about this judge?


Earlier, Justice Byrne told the jury that removing a person to a balcony does constitute removing them from a property.

The jury also asked "When does the acting to remove a person behaving in a disorderly manner start?", to which Justice Byrne replied that it did not matter.

Tostee must be found not guilty of both murder and manslaughter unless the jury finds the force he used was more than reasonably necessary, Justice Byrne said.


Read more at http://www.9news.com.au/national/2016/10/11/09/55/gable-tostee-murder-trial#OIDB31vB3DQ4KR1g.99
 
Can I ask why you continually post that she assaulted him with the metal object? Even HE says, very definitively, that she TRIED to.

We don't hear her do it, we don't hear any "ow, why did you hit me". He says why did you TRY.

Yet, we clearly HEAR her being choked, but because there was no conclusive physical evidence, you deny this. How can you deny this yet claim he was hit with that object when there is no evidence, not one bit, besides him saying she tried??

Please, can you post a link showing the evidence that she hit him with it? Thanks!

Yes I can, and happy to. BBM You have already posted that she tried to hit him with it. Here is the definition of 'assault' in Queensland:

Criminal Code 1899 - SECT 245

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.​


CBM.
 
Of course! He'd be going bananas if she actually hit him.

And he would have had a mark to show Daddy, and he'd have been the first one to say take me to hospital, to gather the proof.
 
Yes I can, and happy to. BBM You have already posted that she tried to hit him with it. Here is the definition of 'assault' in Queensland:



CBM.
Well, thank you, I didn't know an attempt was considered an assault.

Appreciate the response.
 
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