Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #5

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  • #801
<modsnip>

In any case, I would suggest you spend some time in a court, District/Magistrates/Appeals/ Supreme, etc doesn't matter, any one will do. You will soon learn that Police cases and are frequently thrown out. You also forget the prosecution's attempt to hold Tostee on remand for some two years failed due to dishonest manipulation of the evidence (whats is known as smudging) to create a misleading narrative to suit their case. It should never have been put up in the first place if they were interested in being fair. Note Police cannot be charged criminally for this, which of course fosters this very incompetence and breeds a devil-may-care attitude within their ranks.

BBM: Please supply a link for the bolded part of your statement above. If you can't supply a link it will be removed. Unless of course it's just your opinion, in which case please state that it is only your opinion.
 
  • #802
Actually it's a little more complex than that. Context is very important. Lay people read law and interpret it verbatim, and unfortunately that's not how you actually decipher law.

Intent is still actually a part of manslaughter, just not deliberate intent as in murder.
The intent could be described as "someone creating a perilous situation with the capacity to cause harm to another person, when they should have known better to prevent that situation."

There is nothing perilous about being on a large balcony, either sober or drunk. The railing is safety approved, this alone is legal exoneration from any culpability.

The most common manslaughter scenario is killing a passenger when you are driving dangerously. If you wish to draw a parallel between a driver in that context, and a person who withdraws from the presence of another by separating himself from the other party via a glass door , well, that's drawing an awfully long bow , the likes of which has never prosecuted in an Australian court of law.

The prosecution has to prove the deceased was in fear of her life. On the facts given in the news reports, it's simply not provable. It would still be potentially hard to prove even if there was a direct witness, depending on the evidence they gave, which might very well be a personal opinion. Everyone wants to believe fear of attack was the causative factor for the decampment over the railing, however given the state of inebriousness of the party concerned, the prospect of it being something else such as hallucinogenics or similar, is very real.

In other words, there could be other reasons for the decampment. Not just the one you all want to run with. The court will examine all the possible reasons, not ignore them.

One also needs to understand that adults are not defacto nannies for other adults. You are essentially responsible for your own choices, even still to a degree when you are drunk. If I am walking down the street, and I collide with a drunk and berate him, and then he steps out into traffic and gets killed, do you think I am culpable ? No.

If you really want to know what gets prosecuted as manslaughter, go and research some other cases. It is never anything like this case. On that basis, these charges seem to be a total non sequiter. As it is these days, Police will charge anyone they don't like on a whim.

"If I am walking down the street, and I collide with a drunk and berate him, and then he steps out into traffic and gets killed, do you think I am culpable ? No."

A better analogy would be: if you collide with a drunk, strangle and berate him, and then physically push him off the sidewalk, after which, while trying to get away from you, he steps into traffic and gets killed.
Do I think you are culpable? Yes
 
  • #803
This thread is closed until further notice.
 
  • #804
This thread is now open.

Websleuths is a victim friendly forum and the victim in this case is Warriena Tagpuno-Wright. Any posts that are derogatory towards Warriena will be removed.
 
  • #805
I'm sure there'll be some notes being jotted down in light of GBC's turnaround.
 
  • #806
:modstop:

Stop the bickering in this thread and treat each other with respect. Offending posts have been removed and if the nonsense continues, TOs will be issued.

:tyou:
 
  • #807
Turnaround?
 
  • #808
  • #809
An excellent decision, for sure.
 
  • #810
  • #811
It's the people who run from an injured person deserve to rot in the dark bowels of a prison.
Did Tostee really know Warriena was dead? Did Gerard Baden-Clay really know Allison was dead? NO & THEY DIDNT OFFER ANY ASSISTANCE.
THEY RAN AWAY LIKE THE DOGS THEY ARE.
 
  • #812
It's the people who run from an injured person deserve to rot in the dark bowels of a prison.
Did Tostee really know Warriena was dead? Did Gerard Baden-Clay really know Allison was dead? NO & THEY DIDNT OFFER ANY ASSISTANCE.
THEY RAN AWAY LIKE THE DOGS THEY ARE.
Don't be so harsh on dogs. Dogs are intrinsically selfless. I'm not comfortable with that analogy.
 
  • #813
Don't be so harsh on dogs. Dogs are intrinsically selfless. I'm not comfortable with that analogy.

Yes dogs are loyal friends so maybe The Hounds from Hell might be more appropriate.
 
  • #814
  • #815
What a waste of space
 
  • #816
http://www.9news.com.au/national/2016/01/14/11/43/tostee-avoids-more-jail-for-car-chase

Tostee avoids more jail over car chase

The 28-year-old had already been convicted in NSW over the pursuit, during which he failed to stop for police and reached speeds up to 190km/h in a 100km/h zone.
Tyre spikes were used on his car as he crossed the Queensland border but Tostee drove on for a further five kilometres before returning a blood alcohol level of 0.203 when breath-tested by police.
He served six months of a 10-month jail sentence last year for his role in the pursuit before being released on parole in August.
In Thursday's appearance, a magistrate said he was satisfied that punishment had been sufficient but also suspended Tostee's licence for 15 months.
 
  • #817
What a waste of space

I agree with you 100%. Perhaps in future, they'll think twice about slapping charges on that cannot be proved. Oh wait....
 
  • #818
  • #819
  • #820
Thanks Paparob! Greatly appreciated!
 
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