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

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MsAnais

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The young woman in this case apparently met the man whose apartment she fell from on Tinder. Police are calling the death suspicious and the investigation is continuing.

Police have positively identified a woman who died after she fell from a Surfers Paradise high-rise apartment building.

The woman has been identified as 26-year-old Warriena Tagpuno Wright from Lower Hutt, New Zealand.

Around 2.20am on Friday officers were called to the Wahroonga Place building after receiving reports that a woman had fallen from a balcony.

Police have confirmed the death is being treated as suspicious.

......The 28-year-old man who is the sole occupant of the apartment, Gable Tostee, was assisting police with inquiries on Friday afternoon. He was not formally arrested and no charges have been laid.

Tagpuno Wright was reportedly visiting Tostee after meeting him through an online dating app, believed to be Tinder, the Courier Mail reported.

http://www.stuff.co.nz/world/australia/10367377/Kiwi-dies-after-Surfers-Paradise-balcony-fall

10367479.jpg


Gable Tostee, man at centre of investigations into Surfers Paradise highrise death plunge of Warriena Wright, charged with murder

http://www.goldcoastbulletin.com.au...plead-not-guilty/story-fnje8bkv-1227025428311

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Media/Timeline Thread
 
Gable Tostee murder trial: Jury hears last chilling moments of Warriena Wright’s life
Kim Stephens, news.com.au
October 11, 2016

4742be6316ae95b1ef103090d8d9d490


THEY could have been any happy young couple on a Tinder date.

Six selfies tendered to the Brisbane Supreme Court on Tuesday showed a smiling Warriena Wright and a shirtless Gable Tostee inside his Gold Coast apartment and gave no hint of the tragic events that were about to unfold in the early hours of August 8, 2014.
 
What is “Causation” in Criminal Law?

In criminal law, causation essentially describes a ‘cause and effect’ relationship between the defendant’s actions and the harm suffered by the alleged victim.

In order to establish a defendant’s guilt, the prosecution must prove beyond reasonable doubt that his or her actions were a ‘substantial and significant cause’ of the harm. This means that although other factors may have contributed to the harm suffered, the defendant can in certain circumstances still be found criminally responsible. Homicide cases are often useful to illustrate the law relating to causation.

In the important case of Royall v R [1991] HCA 27, Kelly Louise Healey died after falling from the window of a sixth floor apartment. It was alleged that prior to her death, she had been engaged in a violent argument with her boyfriend, Mr Royall.

At trial, the prosecution put forward three possible explanations for her death:

1. That Mr Royall had pushed her out of the window,

2. That she had fallen whilst attempting to avoid an attack by Mr Royall, and

3. That she died whilst trying to escape ‘life-threatening violence.’

It was held that even though Ms Healey may have directly brought about her own death by jumping out the window, Mr Royall was ultimately responsible for her death as he created a ‘well founded apprehension that she would be subjected to further violence’ if she remained in the apartment.

Accordingly, the court found that Royall’s actions were the ‘substantial or significant cause’ of Ms Healey’s death.

In criminal cases, the question of whether the defendant’s conduct ‘substantially or significantly’ brought about the deceased’s death is left to the jury. Where there are several different possibilities for the death, as was the case in Royall, the jury is not required to determine the exact cause of death – but rather, they should simply focus on whether the defendant’s actions substantially contributed towards the death.

http://nswcourts.com.au/articles/what-is-causation-in-criminal-law/

There are other cases on this link too.
 
So what's the WS protocol when GT is inevitably found NG? Does it settle down, or does it get moved to the unsolved mysteries section? Is there some tacit acceptance that justice has been done <modsnip>?

Because legally, there's no way a conviction against GT can be upheld. If he doesn't go free today, he's going free on appeal.

And because of the lack of understanding of the law here, we've got this ongoing ignorance of the reality that he's simply not responsible for the crime.


Holt was right. Without the recording, this might just be a tragedy and another drunken GC balcony fall. What it is now is simply a test case for the prosecution to see how far they can stretch culpability.

He's going free, as sure as there are railings on high rise apartments.

There is no ignorance of Queensland law on my part, I can assure you. GT will probably be acquitted of Warriena's murder or manslaughter but the a doesn't mean he wasn't morally responsible for her death. That in itself is an ethical injustice toward Warriena and our culture.

Morals vs Ethics

Understanding Ethics

And, just quietly, the final analogy was coarse and uncalled for. Warriena may be deceased but her loved ones are still alive and keenly grieving her loss.
 
I'm certain that GT also mourned the loss of her life. He will live with it for the rest of his life. No one here knows him. No one can say he doesn't regret locking her out that night.

I don't think the crown cares about WW's family. They didn't ask them permission to prosecute this joke of a charge and deny them closure for years.

They also deny them the possibility of hearing an apology from GT.

This is about the crown running a test case. If they'd treated it like it was, a horrible tradgedy, WW's family could have moved on by now.
 
WW's family could have moved on by now.


Yeah. I highly doubt that..


Hey. Tostee said he wished he video'd the night... there's a vid cam sitting bang in the middle of the coffee table.

Edit: yeah, not original recording device, but why's it there?
 
I'm certain that GT also mourned the loss of her life. He will live with it for the rest of his life. No one here knows him. No one can say he doesn't regret locking her out that night.

I don't think the crown cares about WW's family. They didn't ask them permission to prosecute this joke of a charge and deny them closure for years.

They also deny them the possibility of hearing an apology from GT.

This is about the crown running a test case. If they'd treated it like it was, a horrible tradgedy, WW's family could have moved on by now.

My sentiments exactly. I'm not sure if it was ego or ambition, but a great disservice has been done to WW's family by bring this to trial. The only reason I can think they conjured up the murder charge, is to hope if they overcharged the defendant, the jury would be more likely to find him guilty of manslaughter. But that's not going to happen either. Is he morally responsible for his death? I'm not sure. He showed poor judgement by forcing a highly intoxicated woman onto a balcony and locking her out there. But on the flip side, I don't think he would have envisaged her attempting to climb down.
 
I'm certain that GT also mourned the loss of her life. He will live with it for the rest of his life. No one here knows him. No one can say he doesn't regret locking her out that night.

I don't think the crown cares about WW's family. They didn't ask them permission to prosecute this joke of a charge and deny them closure for years.

They also deny them the possibility of hearing an apology from GT.

This is about the crown running a test case. If they'd treated it like it was, a horrible tradgedy, WW's family could have moved on by now.

You're correct, I don't know GT but in all my years on this earth I have met 'him' numerous times, albeit in unique physical forms. He may regret allegedly locking her out on the balcony that night but as far as concern, or indeed, grief for her death he has yet, in my mind at least, failed to publicly evidence same or genuinely mourn her loss. IMO the only concern that has been shown by GT was, and continues to be, for himself as evidenced by his actions immediately before, during and after Warriena's death.

'When people show you who they are; believe them.'
~Maya Angelou​

The Crown is not to blame for the consequences of GT's actions that night, just as Warriena and her loved ones are not to blame. Neither, for that matter is anyone who has heard about or experienced firsthand the trauma associated with Warriena's horrific injuries and death.

GT is not the victim here. Warriena and her loved ones are. Warriena does not have the luxury of living with memories of, or regretting, that night. Neither will her potential descendants. Sadly, her loved ones will not simply 'move on' but they will mourn for her and have to live with her absence - every day of their lives.
 
I'm certain that GT also mourned the loss of her life. He will live with it for the rest of his life. No one here knows him. No one can say he doesn't regret locking her out that night.

I don't think the crown cares about WW's family. They didn't ask them permission to prosecute this joke of a charge and deny them closure for years.

They also deny them the possibility of hearing an apology from GT.

This is about the crown running a test case. If they'd treated it like it was, a horrible tradgedy, WW's family could have moved on by now.
Please. This wasn't just a typical balcony fall. There was a struggle, likely strangling and a highly intoxicated person was locked in an extremely dangerous place while begging to be let go. Not typical at all, and I doubt her family would have been pleased if this never went to court.
 
likely strangling .

Hi Freya, not aiming at you here, just bouncing off your post.

I'm really pissed the word 'strangle' even came up in the court case. If you're being "strangled" you cannot breathe at all, let alone talk. There's a huge chance of tissue damage, bruising, damage to the hyoid, occasionally cricoid cartilege, muscle straps of the neck, etc.

Warriena was both *breathing* -and- *talking* during and after we hear hear that terrible wheezing. She wasn't being 'strangled' or 'choked', she was being intimidated by this man in some manner partially obstructing her airway. A light grip is all that is needed.

Try it on yourself.... grip your throat so that you can't quite breathe freely but can still get a clearly understandable word out. It takes very little pressure... Then check out what marks and damage it leaves you with.

Why this was not raised, and the expert not questioned on it in court I do not know.
 
I've asked before and no one answered, if GT was not able to envisage she would go over the balcony, why was the first thing he said when she asked to look out was don't jump off

"1.48am: Female asks if she can go over to the window and have a look. The male says: 'Don't jump off or anything'.

Seems it was in the the forefront of his mind
 
Hi Freya, not aiming at you here, just bouncing off your post.

I'm really pissed the word 'strangle' even came up in the court case. If you're being "strangled" you cannot breathe at all, let alone talk. There's a huge chance of tissue damage, bruising, damage to the hyoid, occasionally cricoid cartilege, muscle straps of the neck, etc.

Warriena was both *breathing* -and- *talking* during and after we hear hear that terrible wheezing. She wasn't being 'strangled' or 'choked', she was being intimidated by this man in some manner partially obstructing her airway. A light grip is all that is needed.

Try it on yourself.... grip your throat so that you can't quite breathe freely but can still get a clearly understandable word out. It takes very little pressure... Then check out what marks and damage it leaves you with.

Why this was not raised, and the expert not questioned on it in court I do not know.

I've actually been strangled before, on more than one occasion. I've recorded it, during a domestic violence episode. It sounded the same. I believe she was being strangled/choked or whatever you'd like to call it, either with an arm or something else.

Also, I never had a mark on me, yet I could not breath. It's amazing how much someone can do to you and not leave a mark, trust me.
 
I've asked before and no one answered, if GT was not able to envisage she would go over the balcony, why was the first thing he said when she asked to look out was don't jump off

"1.48am: Female asks if she can go over to the window and have a look. The male says: 'Don't jump off or anything'.

Seems it was in the the forefront of his mind

He could envisage it .,. he was obsessed with balcony comments. He just didn't expect it to 'happen to him', regardless of his actions. Why does everything 'happen to him'??
 
I've asked before and no one answered, if GT was not able to envisage she would go over the balcony, why was the first thing he said when she asked to look out was don't jump off

"1.48am: Female asks if she can go over to the window and have a look. The male says: 'Don't jump off or anything'.

Seems it was in the the forefront of his mind

Do you think he genuinely thought she would jump off or attempt the impossible, climbing down from the 14th floor - pretty much the same as jumping off.
 
Do you think he genuinely thought she would jump off or attempt the impossible, climbing down from the 14th floor - pretty much the same as jumping off.
He didn't think at all. That's the issue. Negligent. He placed her in direct danger.
 
I've asked before and no one answered, if GT was not able to envisage she would go over the balcony, why was the first thing he said when she asked to look out was don't jump off

"1.48am: Female asks if she can go over to the window and have a look. The male says: 'Don't jump off or anything'.

Seems it was in the the forefront of his mind

He makes numerous references to the balcony in context with death/falling. Put into context with his obvious glee over the OTHER girl he terrorised on that balcony it's even more creepy.

Jumping for a moment to the "ow, ow" he's mugging away with on the tape... there's laughter, play fighting.. calm sonversation between 'ows' - Warriena's "that hurt my vagina" comment even, doesn't sound outraged or frightened. He was making a fuss over her 'violence' while giving back as good as he got, IMO.

The really firghtening question there, considering my first comment, is WHY.
 
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