Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #6

[emirates1957]

Two more screen grabs from MelbourneSleuth's link above. I could be totally wrong, and I often am, but it looks to me like Tostee is about to bin whatever he is carrying. In the next image it doesn't look like Tostee is carrying anything in his left hand as he was in the previous images. It still looks like he is wearing gloves IMO.

In catch up mode at the moment. I haven't gone back to the dialogue however didn't Warriena say something to the effect "that hurt my vagina". Wondering if it could have been a metal implement with her DNA.

 

[Strangeworld]

In QLD there is so such charge as premeditated murder. It's just murder regardless of the level of premeditation.

The essential element (well actually one of a few) in proving murder is that the accused must have intended to cause grievous bodily harm to the victim or kill them. Choking or attempting to choke someone could amount to GBH in some circumstances (not a given though) however the prosecution in this case has failed to produce any credible evidence of this occurring. I cannot categorically say that it did not happen of course, but the evidence presented falls way short of the standard required and such Gable will be found not guilty of murder. If the jury somehow returned a finding of guilt it would be overturned on appeal, however I don't anticipate that there will be any need for an appeal.

But as we saw clearly in the GBC case and likely many others, even the great legal minds of our country (ahem) can disagree on evidence and what is presented at trial.

 

[sleepinoz]

 

[sosocurious]

The recording is the recording. It demonstrates what happened. That's the end of that. There was no need for him to call 000. There were first responders all over the place, already there. Given that was the fact, what is so suspicious about calling for the very help you need in such a circumstance. Who else would it be wise to call?

Yes indeed there were first responders all over the place. No need to call 000, just your solicitor.
But Mr Tostee and the recording is a recording and Rrie's phone took a long walk. I just don't understand.
imo

 

[sleepinoz]

[video=twitter;786807507909877761]https://twitter.com/KateKyriacou/status/786807507909877761[/video]

 

[sleepinoz]

[video=twitter;786807688621502464]https://twitter.com/KateKyriacou/status/786807688621502464[/video]

 

[SouthAussie]

In QLD there is so such charge as premeditated murder. It's just murder regardless of the level of premeditation.

The essential element (well actually one of a few) in proving murder is that the accused must have intended to cause grievous bodily harm to the victim or kill them. Choking or attempting to choke someone could amount to GBH in some circumstances (not a given though) however the prosecution in this case has failed to produce any credible evidence of this occurring. I cannot categorically say that it did not happen of course, but the evidence presented falls way short of the standard required and such Gable will be found not guilty of murder. If the jury somehow returned a finding of guilt it would be overturned on appeal, however I don't anticipate that there will be any need for an appeal.

Okay, thanks. I was not aware there was no premeditated murder in Qld.

But I notice there is this .... (BBM)

302 Definition of murder 302 Definition of murder

(1) Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say—
(a) if the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm;
(b) if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;
(c) if the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such crime;
(d) if death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph (c);
(e) if death is caused by wilfully stopping the breath of any person for either of such purposes;
is guilty of murder.
http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s302.html


And, to me, roughing up and scaring a drunk girl, locking her out on a 14th floor balcony, and expecting her to act like a sober, thinking person, fits the bill.

Some time ago we looked up the multitude of people that have gone over highrise balcony railings on the Gold Coast. It is not an unknown quantity in that place.

 

[Oz Jen]

The recording is the recording. It demonstrates what happened. That's the end of that. There was no need for him to call 000. There were first responders all over the place, already there. Given that was the fact, what is so suspicious about calling for the very help you need in such a circumstance. Who else would it be wise to call?

There were not first responders in the seconds after she went over the balcony. If someone fell from my balcony and I had done absolutely nothing to precipitate that, I would be in extreme shock and run downstairs to check on the person. It wouldn't even occur to me to call a lawyer - but then again, I don't have my lawyer on speed dial.

 

[sleepinoz]

[video=twitter;786807900140220416]https://twitter.com/KateKyriacou/status/786807900140220416[/video]

 

[Strangeworld]

^^This! Absolutely! And because he's the conductor, the orchestra is the tape (his deranged masterpiece) and the truth is only known by those present.

He was messing with her psychologically & physically hiding her belongings, feeding her strong home brew & her so called strange reactions/ behaviour were possibly the result of self protection. MOO




Sent from my iPhone using Tapatalk

Absolutely! Link this with his diagnosed OCD, self-proclaimed record-keeping of interactions with and observations of others...one very scary individual. Oh, sorry to clarify, I'm not saying OCD is to be feared lol, I have my own quirky OCD-type moments sometimes, I just mean it makes me think of a mad scientist - creating scenarios of manipulation.
(but don't worry Mr Defence Lawyer, mad scientist is different to cartoon villian....)

 

[sleepinoz]

 

[Amee]

Kate Kyriacou ‏@KateKyriacou [video=twitter;786808695371857922]https://twitter.com/KateKyriacou/status/786808695371857922[/video] Holt says Tostee's comment to dad that he wished he had cameras in apartment shows he had done nothing wrong.

 

[sleepinoz]

[video=twitter;786808451926155266]https://twitter.com/GregStolzJourno/status/786808451926155266[/video]

 

[SouthAussie]

[video=twitter;786807900140220416]https://twitter.com/KateKyriacou/status/786807900140220416[/video]

Hahahahahahahaha .......

More likely evidence that he was trying to stop the girl who wanted to leave from leaving.
Then evidence that he was trying to pretend that she didn't fall from HIS balcony.

 

[Estelle]

I am seriously not understanding the comments saying 'he didn't know she would go over the balcony, therefore he is not guilty of murder'. He is not charged with premeditated murder. He is charged with murder due to instilling such a fear in Warriena that she fled using the only avenue that she could see open to her at the time.

I am sure that Royall did not know that his victim would climb out of the bathroom window and fall to her death after suffering his violence. It did not make him any less guilty of her murder.

Yes, Warriena was drunk. Yes, it probably made her irrational and not think clearly. So, is that what you do with a drunk, shaken and scared person? Tell them you would have let them go home, but they had been bad. Intimidate them further by forcing them onto your balcony and locking them out there, and then leave them to their own devices? No .... you take care of them. Because drunk people can be unpredictable.

Do you have a link to the Royall case please? I would like to know his verdict. I thought that the Prosecutor may have given examples of similar cases. Does the Judge do that?

 

[Trooper]

[video=twitter;786807900140220416]https://twitter.com/KateKyriacou/status/786807900140220416[/video]

this is well within the ********e zone, now.

 

[JCB]

Here is a link to the Royall case for those that are interested -

http://hsclegalcrime.weebly.com/uploads/5/8/7/7/58776643/royall_v_r_[1991]_hca_27.pdf

Do you have a link to the Royall case please? I would like to know his verdict. I thought that the Prosecutor may have given examples of similar cases. Does the Judge do that?

Precedent can be and often is a guide as to whether a prosecution has merit but parallels to the case cannot be raised during trial however they are an integral part of the sentencing and appeal process.

 

[sleepinoz]

 

[Amee]

Kate Kyriacou ‏@KateKyriacou [video=twitter;786809250244759552]https://twitter.com/KateKyriacou/status/786809250244759552[/video] Holt is explaining Tostee's right to self defence.

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[sleepinoz]