Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #2

[SouthAussie]

Justice Mullins:

http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/damullins

So glad he drew Justice Mullins!

And welcome back Isis!! :seeya:

 

[Whatson]

welcome back Isis! :happydance::drumroll:

 

[Amee]

Gable Tostee to remain behind bars after bail hearing adjourned

However, Gable Tostee, 28, will have another chance to apply for bail after a Supreme Court justice asked for more information from his lawyers.

Read more: http://www.brisbanetimes.com.au/que...-adjourned-20140908-10dqg1.html#ixzz3CgIIwRZk

 

[SouthAussie]

I'm actually surprised that the defence didn't come in with the whole autism issue straight away. I expected them to play that card for all it is worth..........:facepalm:

Makes me wonder about the diagnosis ...

"Mr Kimmins says he is instructed that Tostee has seen specialists in the past and can't provide a date of his last assessment."
(From tweets)

Doctor's records in this matter shouldn't be too hard to access by Tostee or his rep. Unless the records are so old that they are no longer in existence.

 

[MsAnais]

Makes me wonder about the diagnosis ...

"Mr Kimmins says he is instructed that Tostee has seen specialists in the past and can't provide a date of his last assessment."
(From tweets)

Doctor's records in this matter shouldn't be too hard to access by Tostee or his rep. Unless the records are so old that they are no longer in existence.

I've always been suspicious of his 'diagnosis'. The language that was used in his past court case when they described his so-called autism stood out to me - it wasn't the language of a mental health professional - seemed more like what a lay person would use (but I can't remember the precise term they used now!! ahem....:blushing

 

[SouthAussie]

I've always been suspicious of his 'diagnosis'. The language that was used in his past court case when they described his so-called autism stood out to me - it wasn't the language of a mental health professional - seemed more like what a lay person would use (but I can't remember the precise term they used now!! ahem....:blushing

Well, I guess there is no reason why Tostee cannot be examined now, by doctors for the defence and prosecution, and see where the lie of the land is in this matter.

 

[Amee]

he has been in contact with over 250 female persons using the Tinder application since March 2014'. :scared:

Read more: http://www.dailymail.co.uk/news/art...-balcony-threaten-released.html#ixzz3CgOIF1hd

 

[Camp Chair]

Makes me wonder about the diagnosis ...

"Mr Kimmins says he is instructed that Tostee has seen specialists in the past and can't provide a date of his last assessment."
(From tweets)

Doctor's records in this matter shouldn't be too hard to access by Tostee or his rep. Unless the records are so old that they are no longer in existence.

Wasn't Tostee taking medication? (mentioned in BB forum). I would've thought an ASD diagnosis would be relevant enough to be noted in medical history by consulting doc ... if he declared it of course?? Interesting to see if there is a formal diagnosis. He has been before the courts previously - you'd think any relevant 'paperwork' in this regard would've surfaced in recent times. Suggests to me that the autism card hasn't been played previously before a judge??? (Or the defence aren't very organised today).

All IMO.

 

[Amee]

I wish we heard more about GT's injuries. All in good time I guess

A forensic medical report detailing injuries sustained by Gable Tostee has been tendered to court and audio recordings will be forensically examined.

http://www.coolum-news.com.au/news/tostee-high-rise-death-case-autism-questions-raise/2378923/

 

[SouthAussie]

Whether Warriena's death is found to be the result of murder or manslaughter, the penalty can be life imprisonment ...

Anyone who commits murder, attempted murder or manslaughter can be sentenced to life in prison. However, courts can decide on a shorter prison term.

https://www.qld.gov.au/law/crime-an...me/murder,-attempted-murder-and-manslaughter/

And ...

.... in Queensland:
• a minimum non-parole period of 15 years, or 20 years in some cases, that applies to offenders sentenced to life imprisonment
• a minimum non-parole period of 15 years, or 80 per cent of the term of imprisonment imposed (whichever is the lesser), that applies to an offender declared by a court as convicted of a ‘serious violent offence’ under Part 9A of the Penalties and Sentences Act 1992 (Qld)

http://www.justice.qld.gov.au/__data/assets/pdf_file/0005/155705/PDFFinalReport.pdf

 

[Amee]

Back in 2004, his lawyer gave an insight into Tostee’s character, telling a court that he was “partially autistic” and suffered from a severe obsessive-compulsive disorder.

http://www.dailytelegraph.com.au/ne...styled-superhero/story-fni0cx12-1227025849065

 

[elwyn5150]

I've always been suspicious of his 'diagnosis'. The language that was used in his past court case when they described his so-called autism stood out to me - it wasn't the language of a mental health professional - seemed more like what a lay person would use (but I can't remember the precise term they used now!! ahem....:blushing

I am always skeptical of sudden diagnoses during court cases. (eg here and Matthew Newton)

Personally, my medical conditions and subsequent medicine use are well documented by my local GP and specialists, namely type 2 diabetes and mild reactive depression.

 

[Camp Chair]

Back in 2004, his lawyer gave an insight into Tostee’s character, telling a court that he was “partially autistic” and suffered from a severe obsessive-compulsive disorder.

http://www.dailytelegraph.com.au/ne...styled-superhero/story-fni0cx12-1227025849065

The 'partially autistic' description is interesting.... either the words of a lawyer with little understanding or ?? I mean, which part? His arm, leg, frontal lobe? On Mondays & Wednesdays only? Mildly autistic maybe, but 'partially'? Very wishy washy IMO.

 

[Camp Chair]

Back in 2004, his lawyer gave an insight into Tostee’s character, telling a court that he was “partially autistic” and suffered from a severe obsessive-compulsive disorder.

http://www.dailytelegraph.com.au/ne...styled-superhero/story-fni0cx12-1227025849065

The 'partially autistic' description is interesting.... either the words of a lawyer with little understanding or ?? I mean, which part? His arm, leg, frontal lobe? On Mondays & Wednesdays only? Mildly autistic maybe, but 'partially'? Very wishy washy IMO.

 

[MsAnais]

Back in 2004, his lawyer gave an insight into Tostee’s character, telling a court that he was “partially autistic” and suffered from a severe obsessive-compulsive disorder.

http://www.dailytelegraph.com.au/ne...styled-superhero/story-fni0cx12-1227025849065

Thank you Amee!! That's the language I was referring to - "partially autistic". That's a bizarre way to put it.

And that's what made me suspicious of it as a diagnosis. It made me wonder if a psychiatrist had said that he has some traits that are consistent with being on the autism spectrum, but stopped short of actually diagnosing him as autistic. And then the lawyers have latched onto that, to beef up their argument.

 

[elwyn5150]

Makes me wonder about the diagnosis ...

"Mr Kimmins says he is instructed that Tostee has seen specialists in the past and can't provide a date of his last assessment."
(From tweets)

Doctor's records in this matter shouldn't be too hard to access by Tostee or his rep. Unless the records are so old that they are no longer in existence.

http://www.health.qld.gov.au/qhpolicy/docs/pcd/qh-pcd-280-1.pdf
This document seems a lot more complicated than the web page describing NSW retention of records.

I think would need to have retained his records for 10 years (he is 28 now, they would have all his records since he became an adult at least) but may still have his records as a child.

1.1 CLINICAL RECORDS – ADULTS
Records displaying evidence of clinical care to an individual or groups of adult
patients/clients.
Excludes clinical record exceptions covered by Section 2 of this Schedule.
Temporary Retain for 10 years after
last patient/client service
provision or medico-legal
action.

 

[MsAnais]

http://www.health.qld.gov.au/qhpolicy/docs/pcd/qh-pcd-280-1.pdf
This document seems a lot more complicated than the web page describing NSW retention of records.

I think would need to have retained his records for 10 years (he is 28 now, they would have all his records since he became an adult at least) but may still have his records as a child.

1.1 CLINICAL RECORDS – ADULTS
Records displaying evidence of clinical care to an individual or groups of adult
patients/clients.
Excludes clinical record exceptions covered by Section 2 of this Schedule.
Temporary Retain for 10 years after
last patient/client service
provision or medico-legal
action.

Great work, elwyn! :seeya:

 

[Whatson]

If there was any merit to the autism/aspergers deal then would he have gone to a general population prison? Wouldn't the prison also be required to assess him before going inside?

 

[Camp Chair]

If there was any merit to the autism/aspergers deal then would he have gone to a general population prison? Wouldn't the prison also be required to assess him before going inside?

Very good point Whatson!

 

[possumheart]

Police allege the pair met that night on Tinder, drank and had rough sex, in which Ms Wright was violent towards Mr Tostee. They allege he attempted to stop her breathing, before locking her, protesting, on his balcony, from where she fell.
http://www.theaustralian.com.au/news/nation/gable-tostee-wasnt-on-balcony-when-woman-fell-court-told/story-e6frg6nf-1227051245753

So it sounds like naked (my conclusion) and recently choked, and perhaps sill partially bound, she has tried to get away from him via the balcony. Pretty bloody awful. And he doesn't remember what happened - not because of autism, because he was blackout drunk and completely self centred, and because that's what 'cool' guys do.
:furious: