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

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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.
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 ..
 
Kate Kyriacou ‏@KateKyriacou [video=twitter;785990800177975300]https://twitter.com/KateKyriacou/status/785990800177975300[/video] Gable Tostee arriving at the Supreme Court for the third day of his trial. We'll start at 10am.
 
Mr Goldsworthy said a 1986 murder case where a woman fell to her death while climbing out a sixth floor window to flee her violent boyfriend was the precedent for such cases.

Kelly Healey was in the shower when her boyfriend Kim William Royall broke down the bathroom door, grabbed her throat and punched her in the face causing her to try to escape out of a window. Ms Healy fell 21m to her death and Royall was found guilty of her murder – not because he necessarily threw her, but because she fell trying to escape him.

http://www.goldcoastbulletin.com.au...k=93ca66885e27eca209605bc238b2c20a-1476229961
 
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.
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.

Actually it was "you've been a bad girl", and you do not seem to acknowledge that Tostee was rightly getting angry considering mental and physical disrespect he was enduring. Most men would not show his level of tolerance, nowhere near in fact.

But apart from that Ausgirl, I note you've recanted your earlier vocifierous opinion that Tostee was definitely going to jail. Would you like to disclose why you have changed your mind? You seemed so sure of yourself previously?
 
Having now heard the recording, the jury can clearly hear the terror in Warriena's voice as she is dragged/pushed out onto the balcony and the door is firmly slammed closed and locked behind her.
They can clearly hear her vocalised strongest desire to go home.

This will aid them in understanding that from the moment Tostee tackled Warriena to the ground, Warriena was powerless and at his mercy.
It is better that the jury heard this from Warriena's own words, and not just from the prosecutor and witnesses.
 
Kate Kyriacou ‏@KateKyriacou [video=twitter;785995667315437568]https://twitter.com/KateKyriacou/status/785995667315437568[/video] Det Eggleton was called into work early on the day Warriena died. In the days that followed he conducted various interviews. #tostee
 
Wondering if anyone on here recalls during the investigation, reports of the witness in the apartment below saying that she saw Warriena's feet come down over the balcony facing "outwards", indicating that she had been lowered over the balcony by Tostee. This is what I always thought happened - that he lowered her over the balcony then went inside, leaving her hanging. That would explain her falling so quickly. I think he planned it that way, considering he would always be able to say she was inside when she fell.
 
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
 
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

Yes ... including the CCTV of Tostee sneaking out of his building and slipping away as first responders rushed to Warriena's side.
Perhaps even CCTV from Dominos Pizza, and the route to get there.
 
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