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

[Fluffykins]

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

That's twisting it about as far as you can, isn't it?

 

[Elde Fruit]

On a more technical note, many private balconies (which are 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.

True, but the By-Laws would allow exclusive use of that common property to the Unit owner/occupier.

 

[MissUnderstood]

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

This both sucks and blows!!!!!


Sent from my iPhone using Tapatalk

 

[possumheart]

On a more technical note, many private balconies (which are 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.

How very interesting and very bizarre!

 

[Emmbles]

On a more technical note, many private balconies (which are 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.

but she couldn't safely leave could she...

 

[Makara]

Greg StolzVerified account ‏@GregStolzJourno [video=twitter;788245707270475778]https://twitter.com/GregStolzJourno/status/788245707270475778[/video]
Judge has been handed yet another note from the jury. #tostee

 

[Elde Fruit]

That's twisting it about as far as you can, isn't it?

It is a reasonable hypothesis, is all.

 

[SouthAussie]

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.

Yep, we'd all feel comfortable re-entering the place where we had just been removed from, with unreasonable force. Could have been a little more choking going on if she did that, for all she knew.

But again, you and I both know that. We just sit on opposite sides of the fence is all.

 

[possumheart]

(Judge will be considering retirement after this lot, lol)

 

[Elde Fruit]

but she couldn't safely leave could she...

Yes, she could. Stay there, calm down, seek re-entry and leave with her property. Or, stay there and bellow to the Heavens for help.

 

[John Dillinger]

but she couldn't safely leave could she...

No, but IMO not climbing down would have still been a safer option, I don't think Tostee wanted WW dead, just out of his living room.

 

[JCB]

Well as I said earlier, I haven't had a lot of time to analyse Justice Byrne's directions/definitions but my first thought is that removing someone from one's home means removing them from the habitable portion of the property. If we imagine someone being escorted out the front door onto a covered patio it would be difficult to argue that we hadn't removed the person from her home, despite that person remaining on a portion of the property that can legally be included in the total floor area. A balcony is essentially an elevated patio, the key difference being that in this case there was only one entry and exit. Without casting a critical eye over the EXACT comments Justice Byrne made, that would be my guess as to his definition.

 

[sleepinoz]

[video=twitter;788246572618448896]https://twitter.com/RuthWW/status/788246572618448896[/video]

 

[sleepinoz]

[video=twitter;788246805821558784]https://twitter.com/GregStolzJourno/status/788246805821558784[/video]

 

[sosocurious]

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

Now if you were so bloody scared you were going to be killed. Wouldn't you want that crazed out person of your ruddy property. Not on your balcony where you could see them through those large glass doors and spoil your view?
Unless of course you did not want them to leave at all.
I just don't get it.
I really don't get it.
imo

 

[possumheart]

Well as I said earlier, I haven't had a lot of time to analyse Justice Byrne's directions/definitions but my first thought is that removing someone from one's home means removing them from the habitable portion of the property. If we imagine someone being escorted out the front door onto a covered patio it would be difficult to argue that we hadn't removed the person from her home, despite that person remaining on a portion of the property that can legally be included in the total floor area. A balcony is essentially an elevated patio, the key difference being that in this case there was only one entry and exit. Without casting a critical eye over the EXACT comments Justice Byrne made, that would be my guess as to his definition.

But Tostee didn't have Byrne's knowledge. He just reacted.

 

[sleepinoz]

How long does a Jury deliberate before being declared hung?

 

[Oz Jen]

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.

http://www.domain.com.au/03-4-wahro...ntent=dynamic-listing&utm_campaign=c-all-rent

The open plan kitchen, dining, lounge area that opens to a balcony with lovely river & city scape views providing for outdoor living.

 

[alicat]

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

*yawn*

 

[Elde Fruit]

How long does a Jury deliberate before being declared hung?

When they advise the Judge they are unable to reach a unanimous verdict. He will the then consider whether to allow majority verdict (11/1) or send them back for further consideration.