If people saw where she fell from, there was obviously people out on the street, right? why didn't she just start screaming for help if she believed she was in trouble instead of whatever was happening?
If people saw where she fell from, there was obviously people out on the street, right? why didn't she just start screaming for help if she believed she was in trouble instead of whatever was happening?
How about when they're chocking you, after they just got you drunk, and after they discussed with you about falling over the balcony?Originally Posted by animosity
It was early in the morning, not to many people are out listening for someone screaming for help.
It was early in the morning, not to many people are out listening for someone screaming for help.[/QUOTE]
First: it's too, not to many.
Second: so just because people aren't out listening for screaming, they can't hear it?
First: it's too, not to many.
Second: so just because people aren't out listening for screaming, they can't hear it?
If your gonna correct grammar, become a school teacher.
Yes, because they are sleeping.
Seriously?
how about how when she said was a psycho drunk and not to test her and then repeatedly attacked him prompting him to choke her to keep her from attacking her?
Choking wouldn't be my first choice in self defense tactics. Just putting that out there. It seems a little over the top. And even so, if he felt like he was in such danger from her, why didn't he just let her leave when she did relent and asked to gather her things and go home? That's the thing. In the end she pleaded to go home and said "No no no no ". Why didn't he say, get your things, there's the door. I have the number for the cops on the phone, all I have to do is press call. Leave.
You can take those Fleets and shove them up your ass
Because if a frog had wings, it wouldn't bump it's ass when it hops.
It's not like Gable had to be responsible in his own home. He should have just locked her up and throw away the key.
Then that supreme pizza would have tasted extra delicious.
This is true.
That's why I brought up provocation earlier. I'm no lawyer, but I always thought murder can be reduced to manslaughter if the accused acted within the heat of passion. He didn't have enough time to think rationally about what to do, because he was trying to defend himself.
Then I got chewed out by Si.
Murder can be reduced to manslaughter:
2.1
Queensland
Provocation operates as a partial defence to murder under s 304
of the
Criminal
Code
(Qld) (“the
Code”).
Under s 305, the penalty for murder is a mandatory life sentenc
e; however, when
provocation mitigates murder to manslaughter, there is a discre
tionary sentence, with a
maximum sentence of life imprisonment.
5
The defence states that:
When a person who unlawfully ki
lls another under circumstances
which, but for the
provisions of this section, would constitute murder, does the a
ct which causes death in the
heat of passion caused by sudden
provocation, and before there
is time for the person’s
passion to cool, the person is guilty of manslaughter only.
http://www.law.uq.edu.au/articles/qlsr/Riley-QLSR.pdf
And you could have save yourself another useless post if you had actually read your own document. The "Crime of passion" defence only exists because its treated as a a specific type of diminished responsibility. It allows a jilted lover to momentarily have a lapse of control when arguing with a current or ex partner. Its never going to work in a case where two people have known each other for 5 hours only. Just not applicable.
Whilst we're on the subject of provocation, a few points of law for you from the Criminal Code itself
269 Defence of provocation
(1) A person is not criminally responsible for an assault committed upon a person who gives the person provocation for the assault, if the person is in fact deprived by the provocation of the power of self-control, and acts upon it on the sudden and before there is time for the person?s passion to cool, and if the force used is not disproportionate to the provocation and is not intended, and is not such as is likely, to cause death or grievous bodily harm.
277 Defence of premises against trespassers?removal of disorderly persons
(1) It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person lawfully assisting him or her or acting by his or her authority, to use such force as is reasonably necessary in order to prevent any person from wrongfully entering upon such land, structure, vessel, or place, or in order to remove therefrom a person who wrongfully remains therein, provided that he or she does not do grievous bodily harm to such person.
(2) It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place,and for any person acting by his or her authority, to use the force that is reasonably necessary in order to remove therefrom any person who conducts himself or herself in a disorderly manner therein, provided that he or she does not do the person grievous bodily harm.
In the middle of cooking dinner for my brats, so I can't look into it, so I could be wrong...but I thought I read in one of the articles that there were people outside at the time and could tell from where she fell from. or when she was screaming when she was falling, people heard that, so people would have heard her screaming for help.
There were witnesses. One directly below him and one directly below the other witness.
You can take those Fleets and shove them up your ass
That's true, but so would have Gable, the guy who just choked her and threw her out on the balcony. Remember when they talked about going over the balcony? Would you want him to come out to shut you up? She was terrified. That's why she risked her life to get away from him.
She screams and someone hears her. Now what? She tells them to call police while she waits patiently for help to arrive?
Considering he didn't push her and I don't believe that he had any intentions of killing her, yes. why kill her by pushing her off the balcony? he could have killed her in his house and found a better way to dispose of the body, and he would have ended up getting caught somehow.
It doesn't matter if he intended to kill her or not, she died while in his care, trying to flee because she was afraid of him.
Why throw her onto the balcony when you have a front door with a lock?
And yes, he would have gotten caught anyhow. Probably would have bragged about it on that steroid site if there were no witnesses.
Anyone think if he's found guilty lifetime will make a tv movie about it?
Call it The Gold Coast Adonis?
It was her decision to climb over, and if that was irrational and Tostee did nothing to cause someone to have such fear then it is not Tostee's fault.
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