NOTGUILTY Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #11

Discussion in 'Recently Sentenced and Beyond' started by MsAnais, Aug 9, 2014.

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  1. Tortoise

    Tortoise Well-Known Member

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    I was on a murder jury once, two defendants. We agreed unanimously that one was guilty and the other was not guilty. The following week a few of us went back for the sentencing. One of the jurors said to me that she hoped she had made the right decision, she thought if everyone else was sure, she had to agree. I was really shocked.
     


  2. Bohemian

    Bohemian Well-Known Member

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    I'm off to watch a few comedy programs and get some sleep. Then a round (or two or 10!) of kick-boxing on my heavy bag (maybe I'll even take my bat to it), Pilates and a swim tomorrow. That, and more moving meditations should see me right.

    Goodnight my darling Websleuthers :eek:fftobed:
     
  3. Estelle

    Estelle Well-Known Member

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    I just saw this post on my Facebook. One of the things my contact said: 'Tostee was acquitted from accusations that he pushed her off the balcony but he should be tried for restraining someone against their will...and depriving her of her liberty...."

    I have no idea if she expects him to be charged with this in the future or that she meant to say "should have been tried....."

    http://www.courts.qld.gov.au/__data...3/sd-bb-104a-deprivation-of-liberty-s-355.pdf

    The prosecution must prove that:
    1. The defendant:
    (1) confined1
    or detained2
    another in any place against the
    other person’s will; or
    (2) otherwise deprived3
    another of the other person’s
    personal liberty.4

    2. The defendant did so unlawfully. That is, not authorised, justified or
    excused by law.
    Detain means keep in confinement or under restraint. Restraint can be
    exercised by threats. The defendant does not have to use force or physical
    restraints. If the defendant compels the person by threats to remain in a
    place against that person’s will, that is sufficient. Depriving of liberty
    simply means taking away the free choice of a person to move about as he
    or she wants.

    Criminal Code 1899 - SECT 355. Any person who unlawfully confines or detains another in any place against the other person's will, or otherwise unlawfully deprives another of the other person's personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.
    Criminal Code 1899 - SECT 355 355 Deprivation of liberty - AustLII
    www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s355.html

    But as far as the law was concerned in this case, Tostee lawfully deprived Warriena of her liberty so he could not even be charged for that!
     
  4. Fluffykins

    Fluffykins Well-Known Member

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    I learned a few new things this last week:

    1. There is a subset of Australian society which refers to men and women in terms I'd never heard before.

    2. The CWA is a self-funded volunteer philanthropic organisation which aims to improve the welfare of women and children in particular through community service. Membership is open to all Australian women, not just country women, and in fact there is a branch in the suburb next to mine. In addition to cookbooks, their shop sells jams and pickles and all sorts of useful things like handmade pottery, shopping bags, pens, teatowels and aprons.

    3. A balcony is not necessarily part of the property it is attached to. My partner's response to that piece of information: "Well that just beggars belief."

    I might just look into the CWA. :cupcake:
     
  5. Tugela

    Tugela Well-Known Member

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    It seems clear that this girl was acting pretty crazy. My guess is that he recorded things because when the situation started going south he did not want her coming up with a different version of events later, as the girl is pretty much always believed over the guy in he said/she said situations. And if things did get to the point where police showed up, you can bet that her version would have been quite different from what was on the recording, and he would probably have been going to jail. No doubt that was on his mind. It is easy to be critical of his actions after the fact, but if you were in his situation, facing the certain knowledge of how things would play out if the police did arrive, would you act any different?

    If he had not recorded the events there is no question that he would have been accused of throwing her off the balcony.

    He did not do anything to her, other than lock her on the balcony to cool down. No reasonable person would expect such an individual to try to climb down from the 14th floor. It may be tragic, but the girl was pretty much solely to blame for her own death IMO.

    I think that the jury reached the correct decision, the charges should never have been brought in the first place.
     
  6. Tortoise

    Tortoise Well-Known Member

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    I take issue with this part in bold, and so I must conclude what leads from it does not pass the test of objectivity.
     
  7. Tugela

    Tugela Well-Known Member

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    It had to be played because it showed exactly what happened leading up to her trying to climb down from the balcony. I expect that he recorded what was going on because her behavior was sufficiently disturbing for him to feel that he needed to be able to protect himself from whatever accusations she might make later. As things turned out, the decision to record what was going on is what saved him from being accused of murdering her (well, they did that anyway even though it was obvious that he had done no such thing). If he had not done that he would have got a life sentence for murder one. Instead the truth of the events that night is clear, all because of the recording.
     
  8. Tugela

    Tugela Well-Known Member

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    I must be missing something then. What did he do other than lock her on the balcony?
     
  9. tiddles24

    tiddles24 New Member

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    Are you a friend of his ???
     
  10. Ausgirl

    Ausgirl ...

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    There's 10 threads you could read. This one and the one prior contain most of the relevant info.
     
  11. Tortoise

    Tortoise Well-Known Member

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    If I may quote Justice Byrne,
    [FONT=&quot]
    "Justice Byrne said it was “apparent that both breath and voice” were restricted, and it “does sound as though he may well have had his forearm around her throat”."

    [/FONT]
    ​http://www.couriermail.com.au/news/...l/news-story/7e3f1761416c438c60ec0c9dfea36c43
     
  12. Trooper

    Trooper Well-Known Member

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    edited by me for brevity.

    you familiar with the psychology and psychiatric makeup of both the deceased and Mr Tostee?.. your qualifications are??

    and you seem to have a remarkable capacity to actually read the mind of a person now deceased and read the mind of Mr Tostee... how did you manage to do this?
     
  13. SouthAussie

    SouthAussie Well-Known Member

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    The thread(s) is full of what he did, Tugela. As is MSM.

    He audibly tackled her to the floor, choked her, verbally threatened her "I would have let you go home, but you have been a bad girl", "I will fking knock you out" .... and pretty much terrified her to death.

    His very creepy history with women also precedes him. Recording them, posting the info on another forum, laughing with the brahs about the sloots.
    If you heard the full recording you may understand more.

    We truly have not been acting as a lynch squad on a kind (not), caring (not), picked-on 28 (now 30) year old man.
    He has documented mental issues, too, not that they are ANY excuse. And has dangerous, violent prior convictions.
     
  14. Trooper

    Trooper Well-Known Member

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    it must be so satisfying and so ... well.. handy .. to be able to read peoples minds.. the living and the dead!!.. now.. that's talent..
     
  15. Karinna

    Karinna Well-Known Member

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    This was not Tostee's first rodeo. He was in the habit of recording his dates so he could brag about it on the internet. He freaked out another girl prior to Warriena and manhandled her out on the balcony to the point she fled from him, and luckily she was able to. He freaked her out to the point she deleted all her social media. Tostee has a bad history. He is a slimebag.IMO
     
  16. Trooper

    Trooper Well-Known Member

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    I think you are choosing to miss 'something'.. am I right?.. ...
     
  17. Karinna

    Karinna Well-Known Member

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    Yeah wonder what the secret to that is?
     
  18. Trooper

    Trooper Well-Known Member

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    I don't know!!. .. maybe it's genetic.. I just don't know.. I wonder if our poster can read anyone's mind? or is the gift confined to Warriena and Tostee.. how unfortunate if that is the case, since one isn't on earth anymore, and the other has a mind that would be the most boring read in history. Also, I suspect , the smallest mind.. all done in 30 seconds..
     
  19. Karinna

    Karinna Well-Known Member

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    I posted about this a ways ago. It's "False Imprisonment under the Law". But i don't know if he can be charged separately for this now? Might be something Warriena's family could pursue with an attorney?
     
  20. SouthAussie

    SouthAussie Well-Known Member

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    Karinna, this is a very interesting thought. One that I had never considered before.
    On thinking on it a little, I think that there may be some validity. At least in having a professional foreperson to help out in the jury room ... or something like that.
    Interesting.
     
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