I don't think anyone has suggested that Gable was seriously injured during any alleged altercation, he clearly wasn't. It seems to be that Gable used the term "beaten up" (or similar, may be paraphrasing) for dramatic effect when speaking to his father. We are all prone to exaggerate when the unexpected happens, I'm sure Gable is no different.
However to suggest there is no evidence of Gable being assaulted is spurious in my opinion. The doctor examining Gable observed numerous injuries on his body and while none could definitively be aged (as this would be impossible) it was possible to exclude some injuries (which had scabbed for instance) but was not possible to exclude others as being recent (still bleeding/weeping). Given Gable's assertion that Warriena threw rocks at him and the subsequent discovery of Gable's blood and Warriena's DNA on at least 1 particular rock gives a great deal of credence to Gable's claim, indeed it's almost impossible to draw any other conclusion other than he was the victim of an assault.
Most of us have an agenda of some kind when we discuss passionate topics such as this which is only natural but I don't think it's particularly helpful to let our biases cloud our judgement. By all means advocate strongly for your position, but demonstrable falsities only serve to weaken the rest of an argument (which may well be strong). Look at it this way, in the Baden-Clay case Gerard exhibited very obvious wounds on his face. The wounds could not be aged with any degree of accuracy, nor could any medical professionals definitively say they were caused by human fingernails. No testable organic material was found under Allison's fingernails so to use similar logic you'd have to say there was no evidence of an assault or conflict? Clearly that would be preposterous and there is very little doubt that the wounds were the result of Allison's fingernails despite the absence of 100% definite proof. It's a slippery slope if we redefine our opinions to suit the argument at hand.
It's true that she did not have her phone but in a high density apartment complex in the early hours of the morning it's a statistical certainty that there would have been numerous people well within earshot (as is evidenced by the number of people who heard Gable and Warriena). And while 14 stories up is a significant height, it's quite possible to communicate with people on the ground at that height, particularly at night when ambient noise is at a minimum. There wouldn't have been a crowd of people in the immediate vicinity on the ground but it's central Surfers Paradise, there is always someone milling around.
I don't think Tostee was calculating statistical certainties that night lol (Sorry, I jest!). So in reference to your comments on manslaughter and reasonable expectations if you were to lock someone on your balcony... are you saying that the decision to lock Warriena on the balcony, intoxicated, clearly distressed, because there was a high chance someone would hear her screaming for help, would fit with your expectations, therefore not make you responsible if she came to harm? Just want to make sure I understand what you are saying and consider the statistical possibility that Warriena could in fact come to significant harm based on the lack of options available to her and her state.
Putting on my defence lawyers hat for a moment, it may well have just been a case of proximity. Warriena had shown a reluctance to leave only moments earlier, the balcony may simply have been the closest and easiest option.
Would that not be for Tostee to exit the apartment, maybe even leave the door ajar so he could monitor her, whilst he called police? Or if he was so very scared of his wellbeing, exit the apartment altogether and call police? That apartment is not big, it would have made no difference to his safety if he escorted her to the main door or the balcony. There are other factors you are overlooking here, namely his commentary of how to manipulate a woman drunk on his home brew
Absolutely agree.
I certainly don't wish to play down the many serious incidents of domestic violence that do occur but we obviously only ever hear the negative side. No TV network is going to report on "Dave and Mary had a verbal altercation today but both walked away before things got physical". I have no data whatsoever to back up the following claim but it's my opinion that the overwhelming number of disagreements between males and females do not result in any kind of assault. I'm obviously all for domestic violence awareness and prevention initiatives but I also think is counter-productive to overestimate the risks and to stigmatise a large percentage of the population.
By and large the concept of a duty of care is a tort (civil matter) and while we all have something of a duty of care to others, it's more pronounced when one party is in a position of authority and/or trust. In this case it was a casual meeting between 2 consenting adults, the home brew alcohol was not legal but there was no evidence of coercion and Warriena consumed it of her own free will. The legality of the alcohol really isn't an issue in this case and the prosecution wisely did not focus on this as it would detract from more relevant matters.
I was referring to this mainly for a likely future civil case - if someone consented to drinking poison it would not make it ok because coercion wasn't used. We have no idea the toxicity of the vodka, if it was contaminated because he is not a licensed brewer, if it may potentially have brought on some psychotic type symptoms in Warriena. I mentioned the case recently about the young men that died from drinking home brew...voluntarily. Charges were laid in that case.
As per my reply above, Warriena knowingly indulged in an intoxicating substance, as did Gable. I recall Gable exclaiming that Warriena just kept drinking, I havent gone back and read the trial tweets but was there any evidence that he continually plied her with drinks? In the absence of evidence to the contrary, she could has just as easily been the one pouring and consuming the drinks. Gable was also allegedly intoxicated (albeit he wasn't tested until some time after), it's likely his reasoning was also impaired. Neither party owed the other a duty of care of particular significance. A reasonable person could not expect that isolating someone on a balcony would be dangerous. Upsetting? Yes, but it's only dangerous if the person locked out chooses to make it that way. She had numerous non dangerous options available to her to explore before making the drastic and almost certainly fatal decision to descend, yet she chose not to.
You must never have been a woman experiencing fear and intimidation before - she did not have numerous non-dangerous options available to her.
And as a segue, this is one of the reasons I am shocked that the Crown chose to proceed on the indictment of murder. Depending on a number of factors, locking someone on a balcony could amount to deprivation of liberty and while it may not have resulted in a custodial sentence, it's still a very serious charge. While I still have my doubts as to whether a DoL indictment would have been successful, in my opinion it was far more likely than proving murder or manslaughter. The Crown elected to go with an all or nothing strategy when they could have had a better chance at proving culpability, albeit on a reduced charge. As they chose to proceed with murder, that option is now forever lost to them.