Mystique75
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- May 15, 2012
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The Jury deserve the long answer.
Maybe it's the reporting, but I'm yet to see the long version of any answer, to any of their questions.
The Jury deserve the long answer.
But why can't Warriena have her belongings? I don't understand why it's okay for him to keep her things. If I had a belligerent guest in my home, I wouldn't even pretend to keep their property. It's just control and escalating an already volatile situation.
AFAIK, he didn't report the lady for theft, he used social media to condemn her. Tostee was furious someone stole from him, but it's okay for him to do it?
The jury asked if 'language' is to be considered as force. So Tostee dropped a few F-bombs during his very threats to Warriena and called her a few unsavoury names. Remove that from his dialogue and you are still left with his verbal threats of throwing her off the balcony. He then tells her to get up and physically drags or carries her to the balcony. He used verbal threats of violence and carried through physically with those threats.
The Jury deserve the long answer.
Sharnie Kim ‏@sharniekim [video=twitter;788617429027057664]https://twitter.com/sharniekim/status/788617429027057664[/video]
Judge has told jury it should only concern itself with "physical force" #Tostee used in assessing reasonableness of response
"He said they must not judge Tostees actions on that fatal night if he had the benefit of safety and time to make decisions.The Queensland Criminal Code explains is in greater detail:
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I guess I'll never know what I'd do in that situation. I have never had to confront it personally, but if I wanted someone out of my Home in a developing situation like as happened in his Unit that night, I might have just shown them the door and worried about property later. As it turned out, she calmed down, (did she say, 'It's all good' at that time?) and he did not do what he indicated. She stayed in the Unit, ultimately starts trashing it .
Kate KyriacouVerified account ‏@KateKyriacou [video=twitter;788621033192484866]https://twitter.com/KateKyriacou/status/788621033192484866[/video]
This was Justice Byrne's longer answer to the jury's question: #tostee
The jury asked if 'language' is to be considered as force. So Tostee dropped a few F-bombs during his very threats to Warriena and called her a few unsavoury names. Remove that from his dialogue and you are still left with his verbal threats of throwing her off the balcony. He then tells her to get up and physically drags or carries her to the balcony. He used verbal threats of violence and carried through physically with those threats.
I guess I'll never know what I'd do in that situation. I have never had to confront it personally, but if I wanted someone out of my Home in a developing situation like as happened in his Unit that night, I might have just shown them the door and worried about property later. As it turned out, she calmed down, (did she say, 'It's all good' at that time?) and he did not do what he indicated. She stayed in the Unit, ultimately starts trashing it and him with rocks, and then when he restrains her to stop that, she unlawfully assaults him with that metal object. So, to the very adjacent balcony he removed her......how, using what force, we do not know. We know she did not want to be removed there, hence the repetitive 'No's," but....in truth, her conduct was bad immediately prior, and he took reasonable action to bring it to an end by neutralising her there. I think it is clear that the Jury have concluded it was reasonable he would have concluded she would then do what she did. If they had come to that conclusion, the Trial would have ended with a conviction yesterday or even earlier.
I'm looking forward to hearing the details of the current question.
If they are down to analyzing the words, and trying to read her mind, the judge's instructions to this question will likely be what any verdict and appeal will be based on.
Physical force? Throwing decorative "rocks" is NOT physical force. Holding her down is.
"He said they must not judge Tostee’s actions on that fatal night if he had the benefit of safety and time to make decisions.
The court has heard the jury can only find Tostee guilty of murder if they are satisfied beyond reasonable doubt he had the intention to cause her grievous bodily harm, which the prosecution alleges happened when he choked her for up to 45 seconds.
A guilty verdict of manslaughter is also available to the jury if they find he unlawfully killed Wright but did not have the intention to cause her GBH."
https://www.google.ca/url?sa=t&sour...ggwMAc&usg=AFQjCNGt0AlPsHokEDT3T9zYAhHIIlN5pQ
It doesn't appear assault was part of the charges.
Likely, because he didn't physically force her over the edge, they are in disagreement whether words are enough to be considered force. For them to be considering if it is even a legal possibility, it's a bit of a sign that someone is dug in, and has raised the point it's not even something they can consider, or someone is dug in and insisting words are force.
If they are down to analyzing the words, and trying to read her mind, the judge's instructions to this question will likely be what any verdict and appeal will be based on.
"He said they must not judge Tostee’s actions on that fatal night if he had the benefit of safety and time to make decisions.
The court has heard the jury can only find Tostee guilty of murder if they are satisfied beyond reasonable doubt he had the intention to cause her grievous bodily harm, which the prosecution alleges happened when he choked her for up to 45 seconds.
A guilty verdict of manslaughter is also available to the jury if they find he unlawfully killed Wright but did not have the intention to cause her GBH."
https://www.google.ca/url?sa=t&sour...ggwMAc&usg=AFQjCNGt0AlPsHokEDT3T9zYAhHIIlN5pQ
It doesn't appear assault was part of the charges.
Likely, because he didn't physically force her over the edge, they are in disagreement whether words are enough to be considered force. For them to be considering if it is even a legal possibility, it's a bit of a sign that someone is dug in, and has raised the point it's not even something they can consider, or someone is dug in and insisting words are force.
If they are down to analyzing the words, and trying to read her mind, the judge's instructions to this question will likely be what any verdict and appeal will be based on.
If the jury believe WW had assaulted GT, then he used reasonable force in restraining her and locking her on the balcony, the nearest door to him at the time. His safety takes priority over hers.