Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #8

[Elde Fruit]

I get that. If someone actually was making you feel threatened (which I don't believe happened in this case at all) then, sure, shoving them onto a balcony and locking it removes the threat to your person because, hopefully, they can't come back in. However I don't agree that it constitutes removing them from your home, which he could have done had he wanted.

If he was so concerned about his person or apartment, the balcony seems a ridiculous choice. There is furniture out there that a person could pick up and use to smash the glass doors. If he seriously wanted her gone, she'd be out that front door and alive now. This whole thing is just mind boggling.

The explanation for that is two fold. (a) The Balcony was right there within easy reach. (b) To open the front door (much further away) apparently is not a simple operation.

 

[sleepinoz]

I'm glad there are people on the jury actually thinking of the situation, even if the Judge isn't.

 

[sleepinoz]

[video=twitter;788242593255530497]https://twitter.com/JonathanLea10/status/788242593255530497[/video]

 

[Strangeworld]

Hi all, just caught up on all your great posts - apologies that I haven't thanked them all - I am rushing around today.

Feeling disheartened about the judge's latest instructions - like others have already said it makes no sense to me that he can equate the balcony to outside one's home. I don't know the law well enough to know if this is a fair call or not, but it's certainly not fair in my eyes.

I won't be around much on here until late tonight, so please know if we get a verdict and it's guilty in any form I'll be celebrating in spirit!!

 

[Ausgirl]

I get that. If someone actually was making you feel threatened (which I don't believe happened in this case at all) then, sure, shoving them onto a balcony and locking it removes the threat to your person because, hopefully, they can't come back in. However I don't agree that it constitutes removing them from your home, which he could have done had he wanted.

If he was so concerned about his person or apartment, the balcony seems a ridiculous choice. There is furniture out there that a person could pick up and use to smash the glass doors. If he seriously wanted her gone, she'd be out that front door and alive now. This whole thing is just mind boggling.

Never mind that expensive tanning bed.


I am so disgusted by this judge, and/or the law he's following, that makes a hi-rise balcony "not part of the home". She could NOT leave. The end.

 

[Makara]

That is not entirely correct. The Defence was that he put her there to remove the Threat (she had only just unlawfully assaulted him with the metal object,) to neutralise her, and to de-escalate the situation.

Warriena DID NOT assault Tostee with a metal object. And that has nothing to do with what I posted.

 

[Elde Fruit]

Does this include people incapable of being any real harm due to their size, level of intoxication etc?

She could easily have killed him with that metal object, despite her size.

 

[Elde Fruit]

Warriena DID NOT assault Tostee with a metal object. And that has nothing to do with what I posted.

She did you know. The Crown conceded it.

 

[John Dillinger]

Does this include people incapable of being any real harm due to their size, level of intoxication etc?

IMO It does, just because your small or drunk, doesn't give you the right to be violent or aggressive to someone.

 

[SouthAussie]

The explanation for that is two fold. (a) The Balcony was right there within easy reach. (b) To open the front door (much further away) apparently is not a simple operation.

Guess he was wasting time on his fitness level then, if opening the front door was such a big struggle.

 

[JCB]

For all those being critical of Justice Byrne it's important to remember that he presided over Gerard Baden-Clay's trial which withstood the scrutiny of the full bench of the High Court of Australia. He's not an idiot, his directions are being given for a reason.

 

[Oz Jen]

This is just all wrong.

Of course his balcony is part of his property! It was advertised as such.

And his behaviour immediately after the fall, including the item he took with him, should have been taken into account.

Gittany was seen to have fist-pumped the air after Lisa Harnum fell - and that was admissible.

This is sheer nonsense.

 

[BasTyra]

The explanation for that is two fold. (a) The Balcony was right there within easy reach. (b) To open the front door (much further away) apparently is not a simple operation.

Okay, so when she starts crying that she wants to go home why not allow her to walk through to the front door at that point? I'm pretty sure someone crying about wanting to go home isn't gonna attack you if you say "fine, get the f&$# out" and motion them to the door. Instead he decides to tell her "I would, but you've been a bad girl". Who even says something like that, it's like something out of a bad .

The fact he says "I would, but..." shows he's not scared of her, he has no fear for his person at all. He's simply PUNISHING her for "being a bad girl".
This is ridiculous. I feel so bad for her family.

 

[possumheart]

For all those being critical of Justice Byrne it's important to remember that he presided over Gerard Baden-Clay's trial which withstood the scrutiny of the full bench of the High Court of Australia. He's not an idiot, his directions are being given for a reason.

It's fair though to say that his definitions don't make sense to me. Even though I am small and drinking a beer I promise not to throw rocks.

 

[Elde Fruit]

Guess he was wasting time on his fitness level then, if opening the front door was such a big struggle.

Well, even if opening the front in normal circumstances was a simple operation, here, he had a struggling person to contend with as well.

 

[SouthAussie]

Well, even if opening the front in normal circumstances was a simple operation, here, he had a struggling person to contend with as well.

You and I both know that Warriena was struggling because he was physically restraining her. She was also begging to be allowed to go home (when she could breathe).

Simple ... open the FRONT door, let her go home. But no, she had been a bad girl.

 

[Emmbles]

Oh, the landlords are going to be looking forward to this year's Schoolie's Week then, with this precedent (sarcasm).

GC 600 first this weekend :-/

 

[John Dillinger]

On a more technical note, many private balconies (which are still physically exclusive to the apartment) are still actually registered as common property on the Community Plan, some are registered as subsidiaries to the unit/apartment, but many are common property.

 

[Elde Fruit]

You and I both know that Warriena was struggling because he was physically restraining her. She was also begging to be allowed to go home.

Simple ... open the FRONT door, let her go home. But no, she had been a bad girl.

Or, he thought the balcony was not only the easiest and quickest option to remove the threat, it also allowed her to calm down, then re-enter, collect her property and then leave.

 

[sleepinoz]

lol

[video=twitter;788245707270475778]https://twitter.com/GregStolzJourno/status/788245707270475778[/video]