NOTGUILTY Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #9

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

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  1. MsAnais

    MsAnais Verified Clinical Psychologist (AU)

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    The young woman in this case apparently met the man whose apartment she fell from on Tinder. Police are calling the death suspicious and the investigation is continuing.

    [​IMG]

    Gable Tostee, man at centre of investigations into Surfers Paradise highrise death plunge of Warriena Wright, charged with murder

    http://www.goldcoastbulletin.com.au...plead-not-guilty/story-fnje8bkv-1227025428311

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    Media/Timeline Thread
     


  2. Coldpizza

    Coldpizza Retired WS Staff

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    Gable Tostee murder trial: Jury seeks advice after struggling to reach verdict
    9:39pm October 18, 2016
    By Rebecca Lynch

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    The Supreme Court jury in the murder trial of Gable Tostee has asked Justice John Byrne for advice after struggling to reach a verdict over the past two days of deliberations.

    The jury has been sent home for the night and will resume deliberations tomorrow.

    [...]

    "I have the power to discharge you from giving a verdict, but I should only do so if I am satisfied that there is no likelihood of genuine agreement being reached after further deliberation," he said.

    Earlier, Justice Byrne told the jury that removing a person to a balcony does constitute removing them from a property.

    The jury also asked "When does the acting to remove a person behaving in a disorderly manner start?", to which Justice Byrne replied that it did not matter.

    Tostee must be found not guilty of both murder and manslaughter unless the jury finds the force he used was more than reasonably necessary, Justice Byrne said.
     
  3. Coldpizza

    Coldpizza Retired WS Staff

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  4. Estelle

    Estelle Well-Known Member

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    What is “Causation” in Criminal Law?

    In criminal law, causation essentially describes a ‘cause and effect’ relationship between the defendant’s actions and the harm suffered by the alleged victim.

    In order to establish a defendant’s guilt, the prosecution must prove beyond reasonable doubt that his or her actions were a ‘substantial and significant cause’ of the harm. This means that although other factors may have contributed to the harm suffered, the defendant can in certain circumstances still be found criminally responsible. Homicide cases are often useful to illustrate the law relating to causation.

    In the important case of Royall v R [1991] HCA 27, Kelly Louise Healey died after falling from the window of a sixth floor apartment. It was alleged that prior to her death, she had been engaged in a violent argument with her boyfriend, Mr Royall.

    At trial, the prosecution put forward three possible explanations for her death:

    1. That Mr Royall had pushed her out of the window,

    2. That she had fallen whilst attempting to avoid an attack by Mr Royall, and

    3. That she died whilst trying to escape ‘life-threatening violence.’

    It was held that even though Ms Healey may have directly brought about her own death by jumping out the window, Mr Royall was ultimately responsible for her death as he created a ‘well founded apprehension that she would be subjected to further violence’ if she remained in the apartment.

    Accordingly, the court found that Royall’s actions were the ‘substantial or significant cause’ of Ms Healey’s death.

    In criminal cases, the question of whether the defendant’s conduct ‘substantially or significantly’ brought about the deceased’s death is left to the jury. Where there are several different possibilities for the death, as was the case in Royall, the jury is not required to determine the exact cause of death – but rather, they should simply focus on whether the defendant’s actions substantially contributed towards the death.

    http://nswcourts.com.au/articles/what-is-causation-in-criminal-law/

    There are other cases on this link too.
     
  5. Makara

    Makara Former Member

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  6. Fluffykins

    Fluffykins Well-Known Member

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    Well, I thought he was brilliant in the trial of Gerard Baden-Clay, so I'd find it very hard to criticise him here.
     
  7. sosocurious

    sosocurious Well-Known Member

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    Report a nuisance or disturbance
    What is a disturbance?

    A disturbance could include:

    assault or threat of assault
    use of threatening or abusive language
    behaviour that is uncontrolled, violent, disorderly, indecent, offensive or threatening
    behaviour that causes a substantial, unreasonable annoyance or disruption
    willful damage to property.

    How to report a nuisance or disturbance

    Call Policelink on 13 14 44 for non-urgent help.

    You should only call Triple Zero (000) if:

    a crime is happening now
    a life is threatened
    the event is time critical, such as a fire.

    https://www.qld.gov.au/law/crime-an...disturbance/report-a-nuisance-or-disturbance/

    If Only !!
     
  8. L_B

    L_B Member

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    I've been following this case since the beginning, I'm more an observer than particpating (not much time with a baby, I'm often 20 pages behind on reading posts!). I haven't been able to bring myself to listen to the recording, based on others observations on W's final words and how they sounded.
    This evening my husband had JJJ Hack show on (radio show) and they were talking about this case and they played some of the audio. Oh my gosh, her screams of 'no!' just chilled me to the core. Definitely sound like someone desperate for their life. Anyway I'm not sure if others heard the Hack report so thought I'd post the link


    http://www.abc.net.au/triplej/programs/hack/hack/7927674
     
  9. Elde Fruit

    Elde Fruit Former Member

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    It is irrelevant because the Crown choose not to even refer to it, let alone make any allegation, or call evidence about what is was. That is the point the Judge is clumsily (and as I may be) making. We do not know......so............the Jury is not entitled to speculate. It was for the Crown to explain it if it was relevant. They didn't. So, it is irrelevant.
     
  10. Freya1977

    Freya1977 Well-Known Member

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    Welcome LB :D

    Thanks for sharing that, I love hack, but didn't catch this!
     
  11. Fluffykins

    Fluffykins Well-Known Member

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    Hope it's okay to continue the conversation about Justice Byrne at the end of the previous thread:

    Lol at your ciggie and long chat, and I would love to share the same with you (oh to go back to smoking again!), but I honestly think Justice Byrne would be applying the law exactly as it should be, and it's just very unfortunate that it's not doing any favours to Warriena's case. I suppose it's all about laws that need changing, and Justice Byrne can't be blamed for that.
     
  12. Rahamare

    Rahamare New Member

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    I feel as though the crown don't find much relevant. Just out of curiosity, was GT's computer taken for evidence? If anything it could show a history of recordings, snuff movies or maybe just an interest in that type of activity. Was his apartment searched high and low? I'm not familiar with the early details of the case so forgive my ignorance.
     
  13. SouthAussie

    SouthAussie Well-Known Member

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    We are not sure about the extent of the searches. We know some happened, because we know they searched 'a car' ... and found three phones. One of them contained the recording, that Tostee did not offer up to police.
     
  14. Freya1977

    Freya1977 Well-Known Member

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  15. SouthAussie

    SouthAussie Well-Known Member

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    Gorgeous girl ... in so, so many ways.
     
  16. Rahamare

    Rahamare New Member

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    Yes I know, it's often hard to accept the law if it contradicts moral values but it it what it is I suppose. It just takes a few head scratcher cases like this one to have them changed. Reminds me of the Joe Cinque case where the friends weren't charged for letting him die even though they could have called for help.
     
  17. sosocurious

    sosocurious Well-Known Member

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    Thanks L_B and welcome.
    Interesting.
     
  18. Cleaver Greene

    Cleaver Greene Verified Attorney - Australia

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    I suspect the Crown tried to have a lot of evidence admitted, most of which was excluded by the Judge in pre-trial arguments. That has left very little for the crown to rely on.

    I'm sure the defendant's computer was seized. Either there was nothing on there, or the Judge would not allow what was on the computer to be tendered because it was not relevant.

    Does anyone know whether GT's version of events as per his forum post was tendered? Or ever acknowledged by GT to have been written by him?
     
  19. Fluffykins

    Fluffykins Well-Known Member

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    So young and full of promise and full of the love of life. Those photos have got my eyes stinging.
     
  20. sosocurious

    sosocurious Well-Known Member

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    No that has never been said, has it?

    I was just reading through some of the pevious court appearances.

    Warriena Wright was seeing and hearing things and claimed she would "jump off the balcony" about 40 minutes before plunging to her death, lawyers for Gable Tostee say.
    The claims were contained within bail application documents made available to media last week, after being tendered by his lawyers in the Brisbane Supreme Court.

    Mr Tostee is fighting a murder charge, with police claiming Ms Wright was trying to escape him after their Tinder date at his Surfers Paradise apartment went wrong.

    Police believe they can prove murder because Ms Wright was allegedly in fear of her life, even though he was not on the balcony when she fell to her death early on August 8.

    Police and Mr Tostee's lawyers are using an audio recording of the night's events - taken from Mr Tostee's phone - as part of their evidence in the cases.

    According to an affidavit from defence lawyers, Mr Tostee asked Ms Wright to stop attacking him before their conversation calmed down.
    "...She appears to be seeing/hearing people who are talking to her...the deceased says she wants to look out the window. [Mr Tostee] says 'Don't jump off, or anything'...The deceased says 'No, I'm good'," the affidavit said.

    His lawyers claim Ms Wright then armed herself with a heavy object and Mr Tostee managed to restrain and lock her out on the 14th-floor balcony in self-defence.

    However police argue that the decision to put Ms Wright outside was an act of deprivation of liberty, which led her to seek an escape route.

    Mr Tostee's lawyers' transcript also contained an exchange recorded between Mr Tostee and his father Gray soon after Ms Wright's fall.

    http://www.brisbanetimes.com.au/que...th-gable-tostees-lawyers-20141203-11zeeg.html

    Mr Tostee managed to restrain an lock her out on the balcony.

    Seems not much has changed as far as the prosecutions case.
    The defence...hmmm
    imo
     
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