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

[sosocurious]

Can anyone recall at what point of the tape warriena said GT sounded like a fa**ot?

2.10am: Sound of a struggle. Female: 'That really hurt my vagina.' Male laughing and female replies: 'You sound like a *advertiser censored****'.

2.12am: Male states, she is insane. Male say: 'Alright I give up what do you want' There is a loud bang and he says, 'oww'.

2.12.31am: Male say: 'I will do what you want. I will be your sex slave (possibly having rocks thrown)'.

http://www.dailymail.co.uk/news/art...e-plus-happened-afterwards.html#ixzz4NRhx1gar

 

[Karinna]

The thing is she shouldn't have needed a ladder - The building had a perfectly good lift if he had just given her her things and let her use it.

Yes well he didn't let her out of his apartment. Wouldn't that be holding someone against their will? Isn't that a crime? Like kidnapping?

 

[Fluffykins]

Do you think that would ever have happened after he had restrained and choked her? I find myself wondering what would have happened if she hadn't have gone over the balcony. He had already been in trouble with the police, how would an assault charge have gone down with him?

BBM.
I think in the very short space of time Warriena had in between him leaving or locking her out there on the balcony, and her attempted escape, she would have been trying to evaluate, through her terror and the fog of alcohol, what he might do next.

If you've ever experienced or even witnessed someone in a maniacal rage, you will know that they don't know when to stop. It must have gone through her mind that it might be only a matter of seconds before he came back for another attack. I don't think she had any realistic hope of him coming back out and saying, hey, sorry, lost my cool there, let's get you home. Whatever was going to happen next, she didn't want to be there.

 

[zoran]

he isn't HEARD to have threatened her with a weapon, so who is to say he didn't do it silently as an action? We can't see that he didn't, so shouldn't really speculate that he didn't

imo

It wasn't proven in court that he did so we should reject it.

Sent from my SC-01D using Tapatalk

 

[sosocurious]

2.10am: Sound of a struggle. Female: 'That really hurt my vagina.' Male laughing and female replies: 'You sound like a *advertiser censored****'.

2.12am: Male states, she is insane. Male say: 'Alright I give up what do you want' There is a loud bang and he says, 'oww'.

2.12.31am: Male say: 'I will do what you want. I will be your sex slave (possibly having rocks thrown)'.

http://www.dailymail.co.uk/news/art...e-plus-happened-afterwards.html#ixzz4NRhx1gar

Though the transcript is not the evidence the recording is.

 

[SouthAussie]

2.10am: Sound of a struggle. Female: 'That really hurt my vagina.' Male laughing and female replies: 'You sound like a *advertiser censored****'.

2.12am: Male states, she is insane. Male say: 'Alright I give up what do you want' There is a loud bang and he says, 'oww'.

2.12.31am: Male say: 'I will do what you want. I will be your sex slave (possibly having rocks thrown)'.

http://www.dailymail.co.uk/news/art...e-plus-happened-afterwards.html#ixzz4NRhx1gar

And then at 2:20 she was dead.

 

[Karinna]

(quote)
Further context can also be found in the judgment of von Doussa J in R v Garrett (1988) 50 SASR 392 (CCA) where false imprisonment is not only the unlawful restraint of liberty of another against their will, but also (at 405); “[t]he restraint need not be by physical barrier or actual physical force.”
http://www.findlaw.com.au/articles/5443/false-imprisonment-the-elements-of-the-offence-exp.aspx

Why was this issue not addressed in Warrienna's case?

 

[SouthAussie]

Had Tostee already sent that letter to the court (about how sorry he was for his high range drunk dangerous driving behaviour and that he would attend to his drinking problem) when Warriena was killed? (imo) I think he had.

It really does sound like that pending court case may have been the reason he didn't let Warriena go - and potentially call the police - the more I think about it.

 

[Fluffykins]

Yes she was however people can over panic eg panic attacks that others or even the majority would just calmly think there way through it.
Let me ask a question

Who here after hearing the evidence would have attempted the climb down as the only option? I'm guessing none.

Who here has just been through what she'd been through?
Who can ever act with the benefit of hindsight?
Who cannot feel pain at the tragedy of her death?

 

[Estelle]

I am really curious about what he could have done to her when she said, "that really hurt my vagina".

 

[sosocurious]

The first question was: “When does the acting to remove a person behaving in a disorderly manner start? When the defendant says I am going to let you go, I’m going to walk you out, or when the defendant physically removes Ms Wright from the balcony after the defendant gets Ms Wright to let go of what may have been the telescope clamp.”

Justice Byrne replied: “It does not matter.”

http://www.heraldsun.com.au/news/la...l/news-story/37187f7fa97dbd97146d07f9c899553a

I am going to let you go. I am going to walk you out of this apartment just the way you are.

'You are not going to collect any of your belongings, you are just going to walk out and I am going to slam the door on you, do you understand. If you try and pull anything. I'll knock you out, I'll knock you the *advertiser censored** out. Do you understand? Do you understand? Do you understand?

2.17.49am: 'Cmon, get up. Get up'. Female states, 'I am so sorry'. Male states, ' I don't care'. Struggling. Male, 'you don't understand do ya. You don't understand anything at all do you.'

Struggle. Male states, 'let go. You think that you hit me and I was going to fall down like in the movies'. More laboured breathing sounds. Male states, 'let go of it. Let go. Let go.' [I]More choking sounds[/I].

2.18.46am: Still laboured breathing sounds. Breathing slows. Male, 'Let it go.'

2.19.35am: Sound of something dropping (metallic).
http://www.dailymail.co.uk/news/art...e-plus-happened-afterwards.html#ixzz4NRoaBDOv

 

[BasTyra]

I'm kind of not surprised he went berserk shortly after she called him a fa**ot. When you consider the amount of times those brahs on the bodybuilding forum referred to him as a "pha**ot", she probably hit a sore spot with that one. This has probably already been discussed a million times though, I took a long break from this thread and only just played catchup recently so I have forgotten a lot of what's been previously discussed.

I'm still stuck on that damn object he snuck out of the apartment. I feel for the juror's having to try and put it out of their minds while they come to a decision, it must be very difficult.

 

[Karinna]

Who here has just been through what she'd been through?
Who can ever act with the benefit of hindsight?
Who cannot feel pain at the tragedy of her death?

Exactly. The very sad part in all of it is that it will be Warriena's family that are going to be doing the life sentence in the aftermath of it all and that breaks my heart because i know to an extent of what they will be going through,

 

[Karinna]

I'm kind of not surprised he went berserk shortly after she called him a fa**ot. When you consider the amount of times those brahs on the bodybuilding forum referred to him as a "pha**ot", she probably hit a sore spot with that one. This has probably already been discussed a million times though, I took a long break from this thread and only just played catchup recently so I have forgotten a lot of what's been previously discussed.

I'm still stuck on that damn object he snuck out of the apartment. I feel for the juror's having to try and put it out of their minds while they come to a decision, it must be very difficult.

IMO the jurors should be able to nail him on the fact that he didn't let Warriena go home and he locked her out on the balcony instead, thus causing her death while she was in no state to be out there. That should at least nail him for Manslaughter IMO. It surely isn't that difficult to figure out.

 

[Fluffykins]

Had Tostee already sent that letter to the court (about how sorry he was for his high range drunk dangerous driving behaviour and that he would attend to his drinking problem) when Warriena was killed? (imo) I think he had.

It really does sound like that pending court case may have been the reason he didn't let Warriena go - and potentially call the police - the more I think about it.

The letter was dated November 11, 2014:

http://www.dailymail.co.uk/news/article-2855536/I-completely-ashamed-Gable-Tostee-s-handwritten-note-bid-freedom-balcony-fall-death-says-s-wittier-started-binge-drinking-Schoolies-17.html

 

[SouthAussie]

IMO the jurors should be able to nail him on the fact that he didn't let Warriena go home and he locked her out on the balcony instead, thus causing her death while she was in no state to be out there. That should at least nail him for Manslaughter IMO. It surely isn't that difficult to figure out.

I agree. They need to be looking at his choices, he was the one in control. He made a bad and fatal (for Warriena) choice. If he tackled her in the middle of the apartment, as he says, then the front door was as close as the balcony door. It is a very small apartment.

'She thought it was funny or something and I was just like tackled her in the middle of my apartment and I said that it wasn't funny anymore and blah blah blah.
http://www.dailymail.co.uk/news/art...-final-struggle-plus-happened-afterwards.html

(That's his blah,blah,blah. Not mine.)

 

[SouthAussie]

The letter was dated November 11, 2014:

http://www.dailymail.co.uk/news/article-2855536/I-completely-ashamed-Gable-Tostee-s-handwritten-note-bid-freedom-balcony-fall-death-says-s-wittier-started-binge-drinking-Schoolies-17.html

Oh, so later on then.
Though the court case was pending at the time.

Thanks.

 

[Estelle]

(quote)
Further context can also be found in the judgment of von Doussa J in R v Garrett (1988) 50 SASR 392 (CCA) where false imprisonment is not only the unlawful restraint of liberty of another against their will, but also (at 405); “[t]he restraint need not be by physical barrier or actual physical force.”
http://www.findlaw.com.au/articles/5443/false-imprisonment-the-elements-of-the-offence-exp.aspx

Why was this issue not addressed in Warrienna's case?

Criminal Code 1899 - SECT 355 355 Deprivation of liberty - AustLII
www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s355.html

Any person who unlawfully confines or detains another in any place against the other person's will, or otherwise unlawfully deprives another of the other person's personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

I think we have now discovered the motive for his not letting her go back to her hotel that night and his depriving her of her liberty as he was afraid that she could report him to the police hence he took her phone away from her. The police would then find out he had been drinking again and she could have accused him of other things of which we are unaware. Tostee was in enough trouble already with the police. He did not trust her nor did she trust him. So if that was his motive - to prevent her from calling the police - he was never going to let her go especially after he choked her, tackled her and locked her out on his balcony in the cold when she had pleaded so often with him to let her go back to her hotel - until he put her on the plane to NZ! Also she was never going to leave his apartment without her passport, phone and possessions walking around Surfers Paradise topless. But in the end, she must have realised that trying to climb down into another apartment balcony would at least possibly save her life. I have read on twitter and elsewhere that some have thought he wanted sex with her again and that is the reason he would not let her go and wanted her to stay all night. But IMO that was not the case.

 

[sosocurious]

I agree. They need to be looking at his choices, he was the one in control. He made a bad and fatal (for Warriena) choice. If he tackled her in the middle of the apartment, as he says, then the front door was as close as the balcony door. It is a very small apartment.

'She thought it was funny or something and I was just like tackled her in the middle of my apartment and I said that it wasn't funny anymore and blah blah blah.
http://www.dailymail.co.uk/news/art...-final-struggle-plus-happened-afterwards.html

(That's his blah,blah,blah. Not mine.)

BBM

2.10am: Sound of a struggle. Female: 'That really hurt my vagina.' Male laughing and female replies: 'You sound like a *advertiser censored****'.


http://www.dailymail.co.uk/news/arti...#ixzz4NRhx1gar

 

[Karinna]

I agree. They need to be looking at his choices, he was the one in control. He made a bad and fatal (for Warriena) choice. If he tackled her in the middle of the apartment, as he says, then the front door was as close as the balcony door. It is a very small apartment.

'She thought it was funny or something and I was just like tackled her in the middle of my apartment and I said that it wasn't funny anymore and blah blah blah.
http://www.dailymail.co.uk/news/art...-final-struggle-plus-happened-afterwards.html

(That's his blah,blah,blah. Not mine.)

I agree. The jury should have no problem convicting him of manslaughter.
(quote)


Examples of manslaughter include:

Punching someone who falls and hits their head on concrete, causing them to die;
Not bothering to secure the scaffolding on a house resulting in the death of your apprentice; or
Shooting a bushwalker by accident on a hunting trip.
They are some examples of manslaughter in Australian Law.

And i would add placing an intoxicated person knowingly in a vulnerable & dangerous position that doing so would or could cause their death.