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

[Tortoise]

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

Appreciate the response.

Except that definition precludes her acting in self-defence. That is not assault.

 

[Elde Fruit]

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

Or perhaps be unable to do anything, (rendered unconscious or even deceased*) including 'going bananas.' Let's be fair please, fellow Members. She was trashing him and his Unit with the rocks, and he stepped in to stop that. Having done that, she has a go at him with that metal object. He steps in and removes her to the balcony. Shuts the door. Invitee acting unlawfully on several counts neutralised, situation de-escalated and then W acts, so says Defence totally out of the blue, irrationally, and tries to climb off that balcony.

*Now there's a good point to moot. Let's assume she did hit him with it, and the blow killed him. She gathers her belongings and leaves. The Police find the phone and hear the recording. Whom do you reckon would be charged, and with what?

 

[Elde Fruit]

Except that definition precludes her acting in self-defence. That is not assault.

It is, you know. The only question would then be whether the assault was unlawful. There is no doubt in this matter, and it is accepted by the Crown that W instigated all the violence, unlawfully.

 

[sosocurious]

Or perhaps be unable to do anything, (rendered unconscious or even deceased*) including 'going bananas.' Let's be fair please, fellow Members. She was trashing him and his Unit with the rocks, and he stepped in to stop that. Having done that, she has a go at him with that metal object. He steps in and removes her to the balcony. Shuts the door. Invitee acting unlawfully on several counts neutralised, situation de-escalated and then W acts, so says Defence totally out of the blue, irrationally, and tries to climb off that balcony.

*Now there's a good point to moot. Let's assume she did hit him with it, and the blow killed him. She gathers her belongings and leaves. The Police find the phone and hear the recording. Whom do you reckon would be charged, and with what?

The Supreme Court jury deciding accused murderer Gable Tostee's fate has been told the audio recording he made on the night of his alleged victim's death is the only thing that matters in their decision.

Depending whose interpretation jurors agreed with, it either proved his guilt or showed his innocence in New Zealand tourist Warriena Wright's death.

Beginning his closing remarks just before lunch, defence barrister Saul Holt QC said his client's words and behaviour captured in hours of digital tape were not "perfectly acceptable", but neither did it represent murder or manslaughter.

http://www.brisbanetimes.com.au/que...rding-of-key-six-minutes-20161014-gs2m7r.html

 

[Aglaia]

Or perhaps be unable to do anything, (rendered unconscious or even deceased*) including 'going bananas.' Let's be fair please, fellow Members. She was trashing him and his Unit with the rocks, and he stepped in to stop that. Having done that, she has a go at him with that metal object. He steps in and removes her to the balcony. Shuts the door. Invitee acting unlawfully on several counts neutralised, situation de-escalated and then W acts, so says Defence totally out of the blue, irrationally, and tries to climb off that balcony.

*Now there's a good point to moot. Let's assume she did hit him with it, and the blow killed him. She gathers her belongings and leaves. The Police find the phone and hear the recording. Whom do you reckon would be charged, and with what?

If she just walked out, she'd be a sociopath too
What if she had, and he had died, and instead of walking out and eating pizza and calling her lawyer, she rang 000, and waited for their assistance and showed them any injuries on her body from where he had been assaulting her (so much easier to see those injuries as her body wouldn't be mangled from a fall in this scenario right)
Could she say he was trying to rob her? I don't think an appropriate response to tossing pebbles is to keep a persons phone, bag, money, cards, passport, keys, shoes, clothes is it??
I wonder what her version of events up until that point would reveal?

 

[Bohemian]

Warriena's only serious 'assault' was to GT's fragile psyche (ego) not his physical being on that fateful night, in my opinion. If you have done even a little online sleuthing that much is obvious. I believe it is the overriding reason for his disproportionate and irrational act of physical aggression toward her.

 

[Tortoise]

It is, you know. The only question would then be whether the assault was unlawful. There is no doubt in this matter, and it is accepted by the Crown that W instigated all the violence, unlawfully.

It isn't you know. Picking up an object in self-defence, not using it, is not assault.

 

[Aglaia]

Or perhaps be unable to do anything, (rendered unconscious or even deceased*) including 'going bananas.' Let's be fair please, fellow Members. She was trashing him and his Unit with the rocks, and he stepped in to stop that. Having done that, she has a go at him with that metal object. He steps in and removes her to the balcony. Shuts the door. Invitee acting unlawfully on several counts neutralised, situation de-escalated and then W acts, so says Defence totally out of the blue, irrationally, and tries to climb off that balcony.

*Now there's a good point to moot. Let's assume she did hit him with it, and the blow killed him. She gathers her belongings and leaves. The Police find the phone and hear the recording. Whom do you reckon would be charged, and with what?

Neutralise:
Verb 1. neutralise - get rid of (someone who may be a threat) by killing; "The mafia liquidated the informer"; "the double agent was neutralized"
do in, knock off, liquidate, neutralize, waste
kill - cause to die; put to death, usually intentionally or knowingly; "This man killed several people when he tried to rob a bank"; "The farmer killed a pig for the holidays"
2. neutralise - make incapable of military action
neutralize
demilitarise, demilitarize - do away with the military organization and potential of
3. neutralise - make ineffective by counterbalancing the effect of; "Her optimism neutralizes his gloom"; "This action will negate the effect of my efforts"
neutralize, nullify, negate
weaken - lessen the strength of; "The fever weakened his body"
4. neutralise - make chemically neutral; "She neutralized the solution"
neutralize
alter, change, modify - cause to change; make different; cause a transformation; "The advent of the automobile may have altered the growth pattern of the city"; "The discussion has changed my thinking about the issue"

Which definition are you using here may I ask?

 

[sosocurious]

It is, you know. The only question would then be whether the assault was unlawful. There is no doubt in this matter, and it is accepted by the Crown that W instigated all the violence, unlawfully.

OK already .... the crown has agree that R'ries probably did assault Tostee with white rock rocks and Gabe said she tried to hit him with that. That being the bracket.
She is unable to defend herself and explain what, when, why or how.
Gabe has chosen his right to silence believing his 199 minute production will prove his innocence.
Maybe he will get lucky, maybe not.
What did R'rie say in that whole six minutes that the judge has asked the jury to concentrate on?
What did Tostee say in the same period.
imo

 

[Bohemian]

The Supreme Court jury deciding accused murderer Gable Tostee's fate has been told the audio recording he made on the night of his alleged victim's death is the only thing that matters in their decision.

Depending whose interpretation jurors agreed with, it either proved his guilt or showed his innocence in New Zealand tourist Warriena Wright's death.

Beginning his closing remarks just before lunch, defence barrister Saul Holt QC said his client's words and behaviour captured in hours of digital tape were not "perfectly acceptable", but neither did it represent murder or manslaughter.

http://www.brisbanetimes.com.au/que...rding-of-key-six-minutes-20161014-gs2m7r.html

Well, how about that! Like his namesake, Saul may just be treading his own 'road to Damascus'.

 

[Elde Fruit]

It isn't you know. Picking up an object in self-defence, not using it, is not assault.

Sorry, there is a Judge (QC,) the Prosecutor (QC,) Defence Counsel (QC) and insignificant me who disagrees with you.

 

[PainExpress]

Ooww Mummy those pebbles hurt me

Sent from my SM-G930F using Tapatalk

 

[Bohemian]

Neutralise:
Verb 1. neutralise - get rid of (someone who may be a threat) by killing; "The mafia liquidated the informer"; "the double agent was neutralized"
do in, knock off, liquidate, neutralize, waste
kill - cause to die; put to death, usually intentionally or knowingly; "This man killed several people when he tried to rob a bank"; "The farmer killed a pig for the holidays"
2. neutralise - make incapable of military action
neutralize
demilitarise, demilitarize - do away with the military organization and potential of
3. neutralise - make ineffective by counterbalancing the effect of; "Her optimism neutralizes his gloom"; "This action will negate the effect of my efforts"
neutralize, nullify, negate
weaken - lessen the strength of; "The fever weakened his body"
4. neutralise - make chemically neutral; "She neutralized the solution"
neutralize
alter, change, modify - cause to change; make different; cause a transformation; "The advent of the automobile may have altered the growth pattern of the city"; "The discussion has changed my thinking about the issue"

Which definition are you using here may I ask?

Also a term heard often in the military when referring to a target, Aggie.

 

[insidecircle]

Or perhaps be unable to do anything, (rendered unconscious or even deceased*) including 'going bananas.' Let's be fair please, fellow Members. She was trashing him and his Unit with the rocks, and he stepped in to stop that. Having done that, she has a go at him with that metal object. He steps in and removes her to the balcony. Shuts the door. Invitee acting unlawfully on several counts neutralised, situation de-escalated and then W acts, so says Defence totally out of the blue, irrationally, and tries to climb off that balcony.

*Now there's a good point to moot. Let's assume she did hit him with it, and the blow killed him. She gathers her belongings and leaves. The Police find the phone and hear the recording. Whom do you reckon would be charged, and with what?

You're the only poster that seems to comprehend the notion of only assessing the evidence that was presented. Do you have a legal background?

 

[Elde Fruit]

You're the only poster that seems to comprehend the notion of only assessing the evidence that was presented. Do you have a legal background?

I'm not allowed to say.......yet. I am seeking the right to answer that question honestly, but the smoke signals to WS Head Quarters seem not to be working at the moment.

 

[meticulously]

Also a term heard often in the military when referring to a target, Aggie.

Wow thats astonishing to read that definition .
Gt doesnt demand /ask w to stop that stage doesn't happen, he skips past that & into an assault by the sounds of it .jmo

sent from a tiny cheap gadget

 

[Freya1977]

Except that definition precludes her acting in self-defence. That is not assault.

Thank you Tortoise! Listening to the recording, you can tell she only tries something after he's tackled her to the ground (and choking her, if you believe the sounds). So, self defence.

 

[ak19861981]

Warriena had a BAC of .156. At that level, it's hard to imagine her being any threat to a person twice her size, given that her coordination and ability to ambulate would have been impaired. Would the jury be considering this?

Also... I can't remember ever reading what Warriena was wearing when she was found. Was she clothed?

 

[SouthAussie]

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.

It is obviously a judgement call, based on the primary piece of evidence provided (the recording).
So, the jury will need to apply their best judgement in determining the answer to that. Just like every jury in the world has to do.

 

[SouthAussie]

Warriena had a BAC of .156. At that level, it's hard to imagine her being any threat to a person twice her size, given that her coordination and ability to ambulate would have been impaired. Would the jury be considering this?

Also... I can't remember ever reading what Warriena was wearing when she was found. Was she clothed?

Yes, the jury have been told by the judge to consider Warriena's alcohol reading in their decision-making process.