Gable Tostee Trial: The Case Of Warriena Wright's Case

Ch 3. The Case

This trial, without going into the particular details of it could be summarised as it follows: In 2014, Warriena Wright, a New Zealand tourist, connected with Tostee, a Gold Coast carpet layer, on Tinder (social media dating app). They met up in Surfer’s Paradise, bought some alcohol at a bottle shop and went his Avalon Towers apartment where they drank, took selfies and had sex. After midnight, for reasons which are still unclear, Tostee hit record on his phone and captured what would be Wright’s final hours, before she plunged to her death from his 14th floor balcony.
The recording, played to the jury in Brisbane’s Supreme Court was made available on the internet (social media). In such recording, Tostee can be heard arguing with a near-incomprehensible Wright, and asking her to leave his apartment.

Some hours after the defence application, Justice John Byrne found the comments had not jeopardised a fair trial and the jury found they found Gable Tostee not guilty of the murder or manslaughter of Warriena Wright.
On the facts and arguments from the Gable Tostee trial, the test used was that of ‘factual causation’ (it has to do with whether the defendant’s actions were the cause of the plaintiff’s injuries or damages), as applied in the notorious case of Royall v The Queen, ( 2) See Apendix 1, just for giving some understanding to this verdict, if this report is read in the future for members of the public who are not legal professionals.
Once the verdict declaring Tostee free, legally, nothing else could have been done due Queensland’s double jeopardy laws not allowing Tostee being tried again, and Attorney-General cannot appeal his acquittal, as per the secrecy of the deliberation of the jurors, although, the AG may appeal any point of law raised in the trial, which could have implications for murder cases in the