Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #6

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Amee said:
Forensic experts who examined Gable Tostee's 14th floor apartment where Warriena Wright fell to her death will continue giving evidence on the third day of his trial

Police officers who investigated the 26-year-old's death as well as forensic experts are expected to give evidence on Wednesday.

https://au.news.yahoo.com/qld/a/32868465/forensics-to-be-heard-in-tostee-trial/#page1
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This will be interesting ... the forensic evidence.
I am wondering if the fact that he was apparently plying Warriena with an illegal product (moonshine) will have any bearing. Particularly if she did not know it was moonshine.


"Home distillation is illegal in Australia, but nonetheless still happens."
http://www.abc.net.au/health/features/stories/2013/09/10/3845522.htm
 
Has the Court heard anything about this so called moonshine or is it just nonsense? Because if it was full blown moonshine then maybe criminal negligence could come in.

289 Duty of persons in charge of dangerous things

It is the duty of every person who has in the person's charge or under the person's control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health, of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger, and the person is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

This is the section they use for heroin 'hot shots.'
 
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.
 
'I don't know, in a legaly concrete manner but I do have cause to suspect, that this behaviour was to help him legally in case of a blackout, or whatever misbehaviour went awry, and also for amusement purposes. I believe there's some indication of this on the Warriena recording, when he appears to be making asides to a future 'audience'. This would belie a blackout situation, and support my suspicion that entertainment was a part of why. '


from AUSGIRL...

all of your post resonated with me,, AG.. particularly the part that he was making asides to his future audience,... he saw himself as the commentator ... as well as a bumbling participant. .... does this make him a murderer?... yes, I can see clearly how it does, as at least, in Gabe's mind, there is a script going on here, and the ending was so savage, and so deliberately savage ( he had no business locking her out on the balcony. None, and he stated he wouldn't let her go home, and his reason why, because she was , in his considered opinion, a 'bad girl'..... judge, jury, and finally , executioner )


Gabe is the kind of bloke some men love to love, and some women too, because the Gabe's of this world are their proxy for showing all those mouthy disobedient feminists just how they all should end up, dead , and most of all, non argumentative. He could dine out on his story in Arthur Gorrie Correctional centre for decades, everyone nodding over the bologna sandwiches at dinnertime ( 4pm )
 
Fieldsroyal said:
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..
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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.
 
Trooper said:
and he stated he wouldn't let her go home, and his reason why, because she was , in his considered opinion, a 'bad girl'.....
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We cross posted there, Trooper, with a similar idea. I do think there's a good case for manslaughter. Not so much murder, unless they're going to drop an evidence bomb.
 
Ausgirl said:
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.
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preeeeecisely., AG...... it came across to me that he was doing this, the intimidatory part, the Gabe as disciplinarian, Gabe as master of all he surveys, for a specific purpose, a third party or parties who would be admiring of his dealing with this situation. He was never going to let her out the front door, not even her screams and that went on for as long as a normal person would move heaven and earth to stop....no.. .. Gabe wanted those terrified screams...
 
shultz said:
I reckon he'll walk on murder. No evidence of intent, no immediate direct threat. The violence appeared two way prior. He'd locked her out and appeared to walk away. He wasn't banging the door down like Royal.

It's also not foreseeable. At all. In such a short period of time. She was over in less than 10 seconds.

On manslaughter, there's no causation because her own actions interrupted the chain. It's called a novus actus interveniens. He will walk also.

This differs from GBC in that Tostee actually has multiple very good legal defences at his disposal and a QC to put those arguments forward. The jury will be given some very detailed directions.

This will be a good case to see if the Courier Mail can actually demonise someone so far as to exclude a person relying on defences.

Whilst he may be an *******, doesn't mean he's guilty.

This is just a witch hunt. He's just atypical of the man feminists like to hate. I hope he writes a book after this. No one deserves to be subjected to such persecution.

To answer the great mystery, why would someone record it? Simple - to counter false rape allegations. It's easy if you're a woman to label it as 'weird' but try having your life ruined by someone's regret. Pretty wise move for an avid tinderer.[/QUOT

You are incorrect - the chain of causation hasn't been broken - there is no lapse in time - it is one single event from the struggle to him locking her out to her falling - her falling is the event it is a logical fallacy to say the primary event is the intervening event - you may be thinking contributory negligence which used to be a complete defence but the law was reformed so blame is now apportioned appropriatellt between the claimant and defendant
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It isn't hard to figure out, if you've been following this case since the beginning, that GT liked to mock, deride and record women, if they're foreign, even better. GT posted these recordings on a forum which came to the attention of the media back when the tragedy occurred. There is no mistake, he is a sick, twisted individual.

There isn't a decent man alive who would condone his actions and behaviour, he isn't representative of a normal, healthy young man. This isn't about feminism or an innocent man being demonised. I acknowledge that it's difficult to understand the motive of this kind of being. Who would spend their free time, concocting ways of spying and recording unwitting women who they've ensnared into their web? Who would get pleasure from listening to themselves taunting and mind****ing another person? Who would spend their time painting themselves as a victim, a total innocent, and women as stupid and crazy? GT is a superior and intellectual genius, didn't we know? This man is riddled with complexes and disorders, it's anyone's guess which is more applicable to him. Psychopath/sociopath (Anti-Social personality disorder), Narcissistic PD and Schizoid PD come to mind.

Poor Warriena was his victim for the night, she wasn't his date, his equal, another conquest. She was purely entertainment and his recordings was the evidence of his superiority over a drunken woman. He made his own liquor which was so potent, he didn't even indulge in as much as his victim, which was intentional, imo. He had to have his full faculties so he could engineer the night's proceedings, this is not an ordinary young guy who likes to get his rocks off! No one can relate to him because he's sadistic freak and he deserves exposure and condemnation. GT brought about his own fate, and Warriena paid the price with her life. GT should be charged with manslaughter, imo. But please, those who defend him, know what it is you're defending.

Thank you to possumheart, her post from thread #1. GT's posted a recording with the crazy making he loves so much. Ask yourself, WHY?

http://forum.bodybuilding.com/showthread.php?t=161380443
 
nowvoyager said:
<modsnip>
I never tried to knock Warriena.... she's dead, how much worse can it get.
And the tapes, though I've heard them many times, are awful.
No-one seems to cut some slack that these were 2 people who should have called it a night hours earlier. They met for a good time, maybe they did for a while...
Then it dragged on, they both got a bit too boozed up.
They didn't know one another,,, so when it went wrong, it really went wrong.
If GT had been in a house, he would have slung her out the front door... and maybe relented later and caller her a taxi home and thrown her shoes after her.
The choice he made in pushing her onto the balcony, or maybe locking her out after she ran there, was very very bad, but how did he know she would try to get over the balcony?
I guess, he thought she would calm down a little and he could get her home after. Bad judgment.
W was so off her head, sadly her inebriation went to aggression. She thought she was in control, she was just plain ugly drunk.
Her terror is obvious but I think a reasonable or less drunk person might not have reacted the same way.
We'll have to see how the trial goes of course, I'm afraid GT is still a bit delusional about how it will turn out.
His behaviour in putting her on the balcony, IMO, was reckless endangerment at the least. Given her hysteria at that point, maybe more.
She, on the other hand, had a measure of responsibility and there I know the pack will come down on me.
It's like the "but for" test... and proximate cause....
https://en.wikipedia.org/wiki/Proximate_cause
All the ways that night "MIGHT" have ended, but sadly didn't.
It's a terrible passing for a lovely young lady, but for....
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Are you American? Whilst I respect that you are an attorney, there is not much point talking about Qld law if you are American.

I can tell you there has never been a case like this brought to court in Australia, and the effort to prove culpability is going to be a massive struggle for the prosecution. Unless they have some piece of damning evidence yet to be brought to light, its very unlikely to happen.

In cases like this, the police usually release one piece of incriminating evidence to form in the mind of the public, that they have got their fiend. But in this case, there has been nothing. Not one iota, except a narrative that because Tostee was unco-operative with Police, and left the scene, he MUST be guilty. The media and the public lapped it up, but of course you know, those things are not illegal, and form no basis for culpability. Intent and action whether direct or indirect, must be proved.
 
Amee said:
October 1, 2015

Ms Wright’s autopsy, which showed she had a blood alcohol reading of 0.156 at the time of her death.Such a reading, more than three times the legal Australian driving limit, is considered “high range

http://www.goldcoastbulletin.com.au...e/news-story/5ad7f4f2c6a9fa9f3a336a461b47edd3
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0.13-0.15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria (anxiety, restlessness) is beginning to appear. Judgment and perception are severely impaired.
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http://www.brad21.org/effects_at_specific_bac.html
 
kiwi50 said:
If Tostee had seriously wanted to get rid of Warriena, all he had to do was open his front door and let her out.
As long as he had her locked out on the balcony, he knew she was his prisoner, the last parts of the recording are chilling, he is so calm, he knew exactly what he was doing.
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Actually he did emphatically tell her she was leaving, she refused to, and elected to hit him with the telescope stand. This is the bit you keep leaving out, because it suits your narrative. Remember the jury have heard all this now.
 
shultz said:
To answer the great mystery, why would someone record it? Simple - to counter false rape allegations. It's easy if you're a woman to label it as 'weird' but try having your life ruined by someone's regret. Pretty wise move for an avid tinderer.
Click to expand...
Yes ,...every young man knows this is a very clear and present danger, that's why these form of personal recording via wristband are now so popular. Same as dashcams, home security, etc. This case will also cement firmly in young men's minds the dangers they face when on dates, and false rape allegations are just one of those, there have been so many instances of men being falsely imprisoned it is not funny.

Laws have become so liberal, and society so litigative, that we will soon be recording everything to protect ourselves.
 
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