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

[MelbourneSleuth]

Hmmm sounds to me like a very thin line between a high rise balcony being outside of someones property / a part of one's property.. Where would unlawful imprisonment come in ?? [emoji848]


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[SouthAussie]

I think we'll have a decision this arvo. It seems like the jury could have whittled their issues down to nothing now. Just going for the finer details.

 

[Elde Fruit]

It's my opinion that we will see a verdict fairly quickly on the basis of these 2 questions and answers. Nothing scientific, just a gut feeling.

Thanks for the Twitter updates BTW, run off my feet today and have only got a brief chance to glance at the thread, the updates are invaluable

it is all 'tea leaf reading,' but my view is that the Jury are about to acquit based on those questions and the answers.

 

[sleepinoz]

All down to reasonable force now I suppose.

 

[possumheart]

It's my opinion that we will see a verdict fairly quickly on the basis of these 2 questions and answers. Nothing scientific, just a gut feeling.

Unfortunately the Jury are having trouble with their gut feeling vs. what seems to be the Judge's strange definitions. I actually disagree with his definition whereby a balcony is not part of the residence. Tostee paid rent for that balcony and was very proud of it. Does this then mean that the landlord or anyone can come and put their stuff there and it doesn't matter because it isn't part of the residence? It makes no sense. It really makes no sense!

 

[sosocurious]

I disagree with the Judge that to remove her to the balcony is to remove her from the home, but really it amounts to the same thing as if the balcony was not part of his home.

Kate Kyriacou ‏@KateKyriacou 12m12 minutes ago

First question is: when does act to remove a disorderly person from house begin? When he tells her, when he got her to drop clamp? #tostee


2.19.35am: Sound of something dropping (metallic).

2.19am: Movement and rustling and sounds of female calling out. Sound consistent with door unlocking. Female states, 'No'. Possible sound of glass door being hit.

2.20.46am: Male: 'Who the *advertiser censored** do you think you are? Hey?' Female: 'No, no, no. No! No no no.'

Male: 'You tried to kill me huh? Well, why did you try and hit me with that. Huh? Shut your filthy mouth.'

Female: 'No, no, no, no, no. (screaming).'

Male: 'It is all on recording you know. It is all being recorded.

Female: 'No no no no no no no no no no no no. Just let me go home.'

Male: 'I would but you have been a bad girl.' Sound of door sliding shut.

2.20am: 'Just let me go home. Just let me go home.' Last words of 'just let me go home'. Male - heavy breathing. Faint scream detected.

2.21.23am: Very heavy breathing from male.

http://www.dailymail.co.uk/news/art...inal-struggle-plus-happened-afterwards.html#i

 

[SouthAussie]

WTF.. HOW is a balcony on the 14th floor NOT a part of the home?

How could anyone leave (safely) EXCEPT by walking through the rest of the house TO THE ONLY SAFE EXIT? This is insane.

I guess if Tostee had locked Warriena in the bathroom, inside the apartment, he still would have been removing her from the situation (while still making her a prisoner).

 

[Elde Fruit]

WTF.. HOW is a balcony on the 14th floor NOT a part of the home?

How could anyone leave (safely) EXCEPT by walking through the rest of the house TO THE ONLY SAFE EXIT? This is insane.

It is effectively the same thing. By putting her there, he removed her threat to both him and the interior of the Unit.

 

[BasTyra]

So I guess we are allowed to imprison people on our balcony's ya'll.

 

[sleepinoz]

So I guess we are allowed to imprison people on our balcony's ya'll.

Only if you live in Queensland :thinking:

 

[SouthAussie]

So I guess we are allowed to imprison people on our balcony's ya'll.

Only if they throw a few white pebbles around, BasTyra.

 

[Makara]

Hmmm sounds to me like a very thin line between a high rise balcony being outside of someones property / a part of one's property.. Where would unlawful imprisonment come in ?? [emoji848]


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Part of Tostee's defence last week was that he removed Warriena from his property for his own safety. That is incorrect as we discussed at the time. The balcony is a part of Tostee's residence, so therefore Tostee imprisoned her on his balcony.

 

[Fluffykins]

[video=twitter;788239337624178688]https://twitter.com/7NewsQueensland/status/788239337624178688[/video]

Apologies for O/T post but when that picture came up my first thought was, enough with the fancy dress, it's 2016. Just wear a suit already.

 

[sosocurious]

Only if they throw a few white pebbles around, BasTyra.

oww..ow..ow

 

[Mystique75]

No, it was used in Court.

If, by "used", you mean selectively and with little reference to what was going on (in any way that is of use to the jurors) then yes I agree, it was "used".

 

[John Dillinger]

So I guess we are allowed to imprison people on our balcony's ya'll.

People who are being violent or aggressive towards you whilst in your apartment, then yes.

 

[BasTyra]

It is effectively the same thing. By putting her there, he removed her threat to both him and the interior of the Unit.

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.

 

[Elde Fruit]

Part of Tostee's defence last week was that he removed Warriena from his property for his own safety. That is incorrect as we discussed at the time. The balcony is a part of Tostee's residence, so therefore Tostee imprisoned her on his balcony.

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.

 

[possumheart]

People who are being violent or aggressive towards you whilst in your apartment, then yes.

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

 

[Mystique75]

People who are being violent or aggressive towards you whilst in your apartment, then yes.

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