Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #9

[Strangeworld]

Indeed. Here he is in the perfect position to cause GBH, and chooses not to.

His final act is to separate himself from her, and walk away. For all he knew, she could have started screaming bloody murder on that balcony, and had the police at his door in an instant. He obviously wasn't hiding what was going on, or doing anything in secret away from witnesses. It's highly unlikely he put her out there hoping she'd fall over the edge, or that she'd jump. Is he really holding her captive, if she can just call over to the next balcony? Or did he amazingly not realize she could call for help?

BBM
Which he did

BBM
Interesting choice of words given his very secretive, hidden behaviours he has confessed to doing on a regular basis.

 

[Kitsune]

Question! Can the Judge just keep them going now:thinking:? They must be close surely, either way. If the jury has moment up and are being productive........... I know I would want to keep going......... Sorry for all the questions

 

[Elde Fruit]

Exactly. She climbed Q1 and skydived, which implies she doesn't have the same fear of heights everyone else here does. It's completely reasonable that she thought she could make it down, and misjudged it in a moment of over confidence.

The argument that 'who would go over the rail unless they were in fear of their life' doesn't quite work in this case.

But the relevant point is whether Tostee should have foreseen such irrational behaviour.

 

[Makara]

Sharnie KimVerified account ‏@sharniekim [video=twitter;788646699484925952]https://twitter.com/sharniekim/status/788646699484925952[/video]
#Tostee jury staying back late again today, about 13hrs deliberating now in total @ABCNewsBrisbane

 

[Freya1977]

It looks like part of a dumbbell. Perhaps that is what Tostee was unscrewing before leaving his apartment. He wanted the metal rod to use for protection as he left the building. Maybe he was concerned that someone was really going to assault him!

That's what I guessed the "secret sound" as...

It does look like a weight in that photo

 

[Elde Fruit]

Question! Can the Judge just keep them going now:thinking:? They must be close surely, either way. If the jury has moment up and are being productive........... I know I would want to keep going......... Sorry for all the questions

Yes, he can keep them going, but needs at least to give them a dinner break. Thing is......if he keeps them at it, he does not go home to a nice red, and neither does anyone else. Self interest being all there is, he'll soon let them go again until tomorrow.

 

[CleverKnot]

BBM
Which he did

BBM
Interesting choice of words given his very secretive, hidden behaviours he has confessed to doing on a regular basis.

So putting her on the balcony was hiding something?

I don't understand the point. You take one sentence out of the context it was put in, and apply it to something completely different, therefore, it's wrong?

If his intent was to cause any bodily harm, he had ample opportunity to do so in the privacy of his home, without any witnesses, and essentially do whatever he pleased. Again, if that was his intent. He actually gives her the opportunity to call for help on a silver platter. He is either the dumbest murderer/rapist on the planet, or he had no intention of causing her harm.

 

[Elde Fruit]

That's what I guessed the "secret sound" as...

It does look like a weight in that photo

Standing on its rounded edge?

 

[matey]

So we will not hear the verdict till tomorrow now??

Or the next day.....or the next day after that.....so we wait & wait..:waiting:..I'm starting to wonder if the jury are a bunch of "fruit loops"....:maddening::back::judge::hanging:

 

[Strangeworld]

Exactly. She climbed Q1 and skydived, which implies she doesn't have the same fear of heights everyone else here does. It's completely reasonable that she thought she could make it down, and misjudged it in a moment of over confidence.

The argument that 'who would go over the rail unless they were in fear of their life' doesn't quite work in this case.

I am not sure where to start here. Dot point I think:

-its an assumption to say she mustn't have fear of heights because she engaged in those activities. Some people purposefully engage in fear-inducing activities - whether for adrenalin or to overcome said fear (or probably plenty of other reasons)
-I have no idea what everyone's fears are here at WS, but I certainly wouldn't be hazarding a guess that EVERYONE here has a fear of heights. In fact there would be a massive spread of fear intensity across members, just as in the wider community
-I am missing the comparison between climbing Q1 and skydiving and her falling to her death - just totally missing it
-Not one second of Warriena's final moments suggest anything IMO that she was feeling a level of over confidence. In fact, quite the opposite

 

[Strangeworld]

So putting her on the balcony was hiding something?

I don't understand the point. You take one sentence out of the context it was put in, and apply it to something completely different, therefore, it's wrong?

If his intent was to cause any bodily harm, he had ample opportunity to do so in the privacy of his home, without any witnesses, and essentially do whatever he pleased. Again, if that was his intent. He actually gives her the opportunity to call for help on a silver platter. He is either the dumbest murderer/rapist on the planet, or he had no intention of causing her harm.

He did :gaah:
<modsnip>

 

[Kitsune]

Yes, he can keep them going, but needs at least to give them a dinner break. Thing is......if he keeps them at it, he does not go home to a nice red, and neither does anyone else. Self interest being all there is, he'll soon let them go again until tomorrow.

Thanks Elde Fruit

 

[CleverKnot]

But the relevant point is whether Tostee should have foreseen such irrational behaviour.

Could anyone have expected she would climb over the rail? Or is the expectation that the person will calm down and not cause such a scene in front of other people?

Which is the more reasonable expectation by putting someone outside?

 

[DexterMorgan]

That's how I'm reading it as well..... with no legal experience at all, it would appear they are trying every possible way to justify a conviction.

Sometimes a judge will make the final instructions sound so complicated that most jurors would need a law degree just to comprehend it.

Jmo

 

[Elde Fruit]

I am not where to start here. Dot point I think:

-its an assumption to say she mustn't have fear of heights because she engaged in those activities. Some people purposefully engage in fear-inducing activities - whether for adrenalin or to overcome said fear (or probably plenty of other reasons)
-I have no idea what everyone's fears are here at WS, but I certainly wouldn't be hazarding a guess that EVERYONE here has a fear of heights. In fact there would be a massive spread of fear intensity across members, just as in the wider community
-I am missing the comparison between climbing Q1 and skydiving - just totally missing it
-Not one second of Warriena's final moments suggest anything IMO that she was feeling a level of over confidence. In fact, quite the opposite

It's irrelevant anyway, as that information (correct or incorrect) was not presented to the Jury.

 

[BasTyra]

Standing on its rounded edge?

Some weights have flat edges.

 

[DexterMorgan]

Could anyone have expected she would climb over the rail? Or is the expectation that the person will calm down and not cause such a scene in front of other people?

Which is the more reasonable expectation by putting someone outside?

He probably showed her a gun and acted like he was coming back out on the balcony to finish her off. Jmo.

 

[Freya1977]

Very similar to any bar bouncer escorting a beligerant drunk outside, who is resisting, and screaming "you're assaulting me" or "don't touch me".

Pretty sure a bouncer wouldn't put a drunk person on a small, locked balcony 14 floors up. Geez.

 

[Elde Fruit]

He did :gaah:

There is no evidence he did.
<modsnip>

 

[possumheart]

-its an assumption to say she mustn't have fear of heights because she engaged in those activities. Some people purposefully engage in fear-inducing activities - whether for adrenalin or to overcome said fear (or probably plenty of other reasons)

It is technically called 'flooding', if you burn out the adrenalin I believe you have better access to endorphins.

-Not one second of Warriena's final moments suggest anything IMO that she was feeling a level of over confidence. In fact, quite the opposite

Absolutely agree.