possumheart
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you are so right, that button is a beautiful, beautiful thing, it only took me 7 days to figure it out... hmff....
Loving it!
you are so right, that button is a beautiful, beautiful thing, it only took me 7 days to figure it out... hmff....
The Royall case is irrelevant, you are tying it in because a person fell from a great height to their death. That is the only similarity; the elements of that offence in that case are totally different to this case. Royall actually did grievous bodily harm to his victim which forensics picked up (blood on the walls, scalp fragments on an ashtray), which cemented the case against him. Royall thus plainly committed murder. Nothing shown in this case indicates Tostee harmed Wright ..There is the High Court precedent of Royal in which a lady plunged to her death while "fleeing" her attacker - I assume this is what the Prosecution is relying on - IMO he has definitely "caused" her death irrespective of intent so manslaughter is definitely a possibility here. The "but for" test is used in civil matters and I do think the family would get over the line in a negligence action. He owed her a duty, he breached it (by plying her with alcohol, assaulting her, choking her, imprisoning her) and damage resulted. Of course the victim has contributed somewhat but anybody who has been strangled, tackled and drugged would reasonably be expected to act irrationally. The terror in her voice was so obvious and sustained GT had ample opportunity to come to his senses and put her out the front door but he chose to put her in a dangerous position. IMO he is a dangerous sociopath and a menace to the community so i hope he is locked up.
What your selectively leave out that he has given her the opportunity to leave a number of times, asked her to behave so many times, he was a the point where he could not trust her in her current state any more. This is why he did not believe her when she said she wanted to go home.- she had said that before ,and then didnt leave. As Tostee said , she was fighting , and he wanted to separate them via the balcony door to calm her down, and then re attempt to get her to leave. This seems entirely plausible. Dont forget the jury have heard all this on the recording now.I believe the statement made by Tostee, as Warriena begged him to let her leave and go home, "I would, but you've been a naughty girl" will play a huge role in the case for manslaughter. It shows his intent to confine her on the balcony was not 'self defense' ie, fear of for his own life, but more punitive in nature.
Kate Kyriacou ‏@KateKyriacou [video=twitter;785995831090352129]https://twitter.com/KateKyriacou/status/785995831090352129[/video] But importantly, Det Eggleton is confirming the collection of CCTV footage from various cameras. We will see them now. #tostee