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

New Posts

Status
Not open for further replies.
SouthAussie said:
IF Warriena had a mental issue. IF she had a proven history of being a whacko when drunk, or a whacko at all. I am sure the defence would have used those factors to strengthen their position, instead of relying just on the recording.
Click to expand...

My gut feeling is that she only ever drank beer before. But because she could have been feeling nervous, intimidated by him and putting up bravado because he was trying to get her drunk with an alcoholic drink that she was not accustomed to, and maybe feeling dehydrated, she drank the only drink that he offered her. If he had had duty of care that night for her, he would have offered her water to drink. As vodka looks like water as it is colourless, maybe in her state of mind, she even thought it was water. She did not even drink the last drink he poured for her as she said she did not like it. She reminded me of a country girl going to the big smoke of the city for the first time trying to act with bravado as if she was accustomed to the tactics and modus operandi of such a predatory male with her comments as she became more and more intoxicated. Warriena came from a Seventh Day Adventist background where they do not drink alcohol or probably have one night stands. She had a boyfriend in NZ apparently but could have been feeling lonely in Surfers Paradise (as she travelled alone) and was probably out of her depth in dealing with such a verbally and physically abusive man so did not see the red flags as more experienced women would have. She was only really looking for friendship and company from a local and someone told her to find that on Tinder. But she did not realise what Tinder was all about. Was it the first time that she used it? I would blame her naivety as much as anything else and later her bravado until she realised that she was in deep trouble and did not know how to handle him. How many men would you expect to tell you to leave without your phone, passport, T-shirt, shoes, money at 2am in a place like Surfers Paradise leaving you to walk the streets alone topless in a confused state? She was obviously physically attracted to him at first as he looked like Sam Winchester in her opinion and that was her downfall. How many of us have been in that position - physically attracted to a man - but then he treats us like dirt later?
 
CleverKnot said:
If you watch any UFC or MMA fight, you will see that choking someone to the point of unconsciousness takes mere seconds. Less than 5. Much less than 45. No need to take anyone's word on it.

If the intent was to choke her out, or kill her, it likely would have happened. Everyone agrees he has a massive physical advantage over her. The reality of the situation is that he let up on her.

Like it or not, putting her out there and walking away is just as much a sign of de-escalation on his part, as it is some sort of threat.

Even if the "threat" to throw her off of the balcony was said with complete intent, he had the opportunity to do it, and walked away.
Click to expand...

There are many ways to restrict someone's breathing without the end result being unconsciousness or death. And please, correct me if I'm wrong, but I don't believe the prosecution were indicating in their closing statement that he was intending unconsciousness or death when choking Warriena. As in the quote I responded with before, they were suggesting intention to cause GBH, which in turn may be sufficient to return a guilty verdict.
 
If I were a juror .......
and I had to decide if Tostee used unreasonable force, I'd be thinking where is the evidence of a "life threatening assault" to T? W was a slightly built person who was more intoxicated than he, and he was a much taller body builder. IMO there was no reason to use force (unless she was holding a gun or knife) other than to pick her up and put her out the front door. A drunken person with the BAC and size of W that night would be no match for someone of T's size.
Yes I'd be pissed off if someone threw rocks at me and "tried to hit me" with an object. But it doesn't make sense to put that person on the balcony .... if you want them gone (as in out of your house) then you put them OUT OF THE HOUSE so they can go somewhere else and not come back in. If he put her on the balcony (or made the situation such that she had nowhere to go but the balcony) then she is effectively imprisoned there.

I don't understand the judge's logic that a balcony is not part of the property. That's dumb.
 
SouthAussie said:
I think he is guilty of manslaughter. I do not believe he used reasonable force. I have listened to the whole 199 mins of the recording - from the start with the sexy, sultry music - to the end with the convo with dad. <modsnip>
Click to expand...

Hi SouthAussie, do you have a link to the whole recording? Much appreciated..


Sent from my iPad using Tapatalk Pro
 
zedz said:
Does Gable Tostee listen to rap music?
Click to expand...
Lol that was funny! I am just happy that 12 people, who couldn't use the laws of deduction to work out his age :facepalm: are still trying to work together to reach a decision.
 
SouthAussie said:
Thanks. Does that have some bearing on Australian cases? :seeya:
Click to expand...
It's an example of what happens when a judge takes on the personal initiative to create precedent, rather than deal with the facts at hand.

Since Canada is also in the Commonwealth, and has very similar judicial procedure, it's quite relevant.
 
Kitsune said:
Lol that was funny! I am just happy that 12 people, who couldn't use the laws of deduction to work out his age :facepalm: are still trying to work together to reach a decision.
Click to expand...

Maybe they are just arguing over whether they are pebbles or rocks.
 
Estelle said:
My gut feeling is that she only ever drank beer before. But because she could have been feeling nervous, intimidated by him and putting up bravado because he was trying to get her drunk with an alcoholic drink that she was not accustomed to, and maybe feeling dehydrated, she drank the only drink that he offered her. If he had had duty of care that night for her, he would have offered her water to drink. As vodka looks like water as it is colourless, maybe in her state of mind, she even thought it was water. She did not even drink the last drink he poured for her as she said she did not like it. She reminded me of a country girl going to the big smoke of the city for the first time trying to act with bravado as if she was accustomed to the tactics and modus operandi of such a predatory male with her comments as she became more and more intoxicated. Warriena came from a Seventh Day Adventist background where they do not drink alcohol or probably have one night stands. She had a boyfriend in NZ apparently but could have been feeling lonely in Surfers Paradise (as she travelled alone) and was probably out of her depth in dealing with such a verbally and physically abusive man so did not see the red flags as more experienced women would have. She was only really looking for friendship and company from a local and someone told her to find that on Tinder. But she did not realise what Tinder was all about. Was it the first time that she used it? I would blame her naivety as much as anything else and later her bravado until she realised that she was in deep trouble and did not know how to handle him. How many men would you expect to tell you to leave without your phone, passport, T-shirt, shoes, money at 2am in a place like Surfers Paradise leaving you to walk the streets alone topless in a confused state? She was obviously physically attracted to him at first as he looked like Sam Winchester in her opinion and that was her downfall. How many of us have been in that position - physically attracted to a man - but then he treats us like dirt later?
Click to expand...

Exactly. I think she thought she was drinking vodka is what i thought i read somewhere? Poor girl, i wish she had of been with some friends that night. SM can be such a problem for young people IMO. I don't even really know anything about Tinder, but hook ups on some of those sites can be negative experiences. I'm not sure what kind of people need to use those sites? Can't young people just meet in real life anymore? It's just sad IMO.
 
Oh dear, just woken up and you're all still here I see.

I hate to say it but I'm wondering if this jury is fit for purpose now, and if the judge shouldn't discharge them. When you're squabbling over the meaning of things like his language, the essence is lost I feel. I'm not sure if that makes sense, but I feel if you break something down so finely it's like a kid asking their mum to settle an argument between siblings about who is right and who is wrong. This shouldn't be so hard. Just my gut feeling.

Now I'm going to catch up and see what's been posted.
 
So we will not hear the verdict till tomorrow now??
 
zedz said:
It seems they want a conviction, but can't find a way of doing it.
Click to expand...

That's how I'm reading it as well..... with no legal experience at all, it would appear they are trying every possible way to justify a conviction.
 
luceat lux vestra said:
If I were a juror .......
and I had to decide if Tostee used unreasonable force, I'd be thinking where is the evidence of a "life threatening assault" to T? W was a slightly built person who was more intoxicated than he, and he was a much taller body builder. IMO there was no reason to use force (unless she was holding a gun or knife) other than to pick her up and put her out the front door. A drunken person with the BAC and size of W that night would be no match for someone of T's size.
Yes I'd be pissed off if someone threw rocks at me and "tried to hit me" with an object. But it doesn't make sense to put that person on the balcony .... if you want them gone (as in out of your house) then you put them OUT OF THE HOUSE so they can go somewhere else and not come back in. If he put her on the balcony (or made the situation such that she had nowhere to go but the balcony) then she is effectively imprisoned there.

I don't understand the judge's logic that a balcony is not part of the property. That's dumb.
Click to expand...

:goodpost:
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 198 more.
Total: 4,494 (members: 199, guests: 4,295)

Online statistics

Members online
199
Guests online
4,295
Total visitors
4,494
Totals may include hidden visitors.

Forum statistics

Threads
591,751
Messages
17,958,411
Members
228,603
Latest member
megalow
Back
Top