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

[Ausgirl]

I your avatar a pigs bottom, emirates?

Had a John Elliot flashback there, lol.

 

[PrimeSuspect]

As per Brennan J in Royall -


On the other hand, where the victim's attempt at self-preservation is not reasonable (or proportionate), the chain of causation is broken and the victim's death is not treated as having been caused by the accused's conduct. Subject to a qualification presently to be mentioned, the question whether the chain of causation is broken by the victim's taking of the final fatal step is a question of fact to be answered by reference to the objective circumstances. Nevertheless, an accused cannot be held criminally responsible for a death that has been caused in fact by his conduct if the final fatal step taken by the victim was neither foreseen nor reasonably foreseeable. Foresight or reasonable foreseeability marks the limit of the consequences of conduct for which an accused may be held criminally responsible.

The proportionate test is not a subjective test, it's an objective test.

I don't think there is a reasonable person on the planet that would not concede that Warriena's attempt to descend either to the balcony below, or indeed the entire building, was almost certain to end fatally. The chances of successfully performing such an act were so small as to be virtually non existent.

What this means is for her actions to be proportionate to any threat she faced, the threat must have been so severe that a reasonable person (remembering that intoxication can't be taken into account) must have believe that virtually certain death awaited them should they not attempt the ultimately fatal act. The fact that the Crown conceded that Gable intended Warriena no harm when placing her on the balcony ends their case for manslaughter there and then. There was no imminent risk to her life that was so severe that warranted an act that would obviously end in death during virtually any attempt. She may have been frightened, yes, but the test is very clear and the prosecution have failed.

I obviously can't go into specifics as I'm not present in court (and even if I was I'd be prohibited from reporting on it) but I can assure you this will not be a legal argument founded by desperation. From experience I can anticipate what the argument is but unfortunately we will have to wait until the jury have returned from their deliberations before I can comment further.

What did Holt mean by this -

“Thank goodness he did ... thank goodness he did press record on his app at 12.55,” Mr Holt said.
“Can you imagine for a moment this case if that recording had not existed?
“Would anybody, anybody, have believed without bursting out in unmitigated laughter an account in which Ms Wright throws rocks at Mr Tostee?
“Hitting him with a metal clamp? The things she said and did over the course of the evening? Any explanation of that kind would have been laughed out of court.
“This case would just have involved what the neighbours heard, that messed up scene inside the house and the fact that she’s dead, on the floor, 14 storeys below.
“The recording is the key to this case.

http://www.news.com.au/national/que...5/news-story/d47587533641d7a3fd649e04d3272c5d

 

[possumheart]

You will love this - it's my british bulldogs bottie BASIL. "They will get you" had a pig's bottom and soon as it was put up - I thought of Basil's arse. I guess I should switch if for his face which is not much better than his bum.

LOL, I see it now. Hi Basil! <3

 

[sleepinoz]

 

[sleepinoz]

[video=twitter;787822513157906433]https://twitter.com/TessaHardy9/status/787822513157906433[/video]

 

[sleepinoz]

 

[possumheart]

What did Holt mean by this -

&#8220;Thank goodness he did ... thank goodness he did press record on his app at 12.55,&#8221; Mr Holt said.
&#8220;Can you imagine for a moment this case if that recording had not existed?
&#8220;Would anybody, anybody, have believed without bursting out in unmitigated laughter an account in which Ms Wright throws rocks at Mr Tostee?
&#8220;Hitting him with a metal clamp? The things she said and did over the course of the evening? Any explanation of that kind would have been laughed out of court.
&#8220;This case would just have involved what the neighbours heard, that messed up scene inside the house and the fact that she&#8217;s dead, on the floor, 14 storeys below.
&#8220;The recording is the key to this case.

http://www.news.com.au/national/que...5/news-story/d47587533641d7a3fd649e04d3272c5d

He was carefully manipulating them into disregarding the witness statements (which can be interpreted as Rrie trying to physically figure out what to do after being placed on the balcony railing).

 

[sleepinoz]

 

[sleepinoz]

 

[sleepinoz]

[video=twitter;787823525432131586]https://twitter.com/GregStolzJourno/status/787823525432131586[/video]

 

[sleepinoz]

[video=twitter;787823838499250178]https://twitter.com/GregStolzJourno/status/787823838499250178[/video]

 

[Makara]

[video=twitter;787823525432131586]https://twitter.com/GregStolzJourno/status/787823525432131586[/video]

:banghead:

 

[sleepinoz]

[video=twitter;787824020297093120]https://twitter.com/GregStolzJourno/status/787824020297093120[/video]

 

[JCB]

So, a mundane process, every time, to tick all the boxes. Swiping left or right is so much easier. I'll bet Gabe can't wait to get his chubby little fingers back on Tinder.

Yes unfortunately as mundane as it may seem, it is necessary lest a defendant appeal on the basis that the Judge's directions to the jury were inadequate or inconsistent with previous comparable cases.

BBM

Prosecutor Glen Cash QC told the Supreme court in Brisbane there was "terror bordering on hysteria" in Ms Wright's voice as Tostee forced her onto his balcony.
http://www.abc.net.au/news/2016-10-...shed-warriena-wright-prosecution-says/7932652

Yes, but at the risk of sounding callous (which is obviously not my intention) that is wildly insufficient to prove guilt in a case such as this. A person can be terrified without fearing for their life and likewise a person can be terrified and fear for their life when that fear was totally ill founded. The term hysteria actually favours the defence, it roughly means "an exaggerated emotion" (I can't recall the exact definition but I've had to rely on it in previous cases).

The Crown contended that Warriena was choked yet could not produce any evidence of this outside of the recording which as many here have attested, could have been caused by numerous other methods outside of choking or strangulation. The Crown also contended that Warriena was at no physical risk from Gable when they were isolated by the balcony door and no allegation was made that Gable was threatening her from within his apartment. Unfortunately it's just a wildly inadequate Crown case and like a previous poster said, if the Crown by some miracle achieves any kind of conviction here it will almost certainly be disturbed on appeal and both parties know it IMO.

 

[sleepinoz]

 

[sleepinoz]

 

[sleepinoz]

[video=twitter;787824843345448960]https://twitter.com/GregStolzJourno/status/787824843345448960[/video]

 

[Makara]

Sharnie Kim &#8207;@sharniekim [video=twitter;787824799166849024]https://twitter.com/sharniekim/status/787824799166849024[/video]
Judge: Unlawful killing is murder or manslaughter. If they intended to kill or do grievous bodily harm, they are guilty of murder @ABCNews

 

[Elde Fruit]

[video=twitter;787823525432131586]https://twitter.com/GregStolzJourno/status/787823525432131586[/video]

Ah.....distinguishing it from Baden-Clay where post event conduct was allowed for consideration.

 

[sleepinoz]

[video=twitter;787825269851598848]https://twitter.com/sharniekim/status/787825269851598848[/video]