An accused should not be held to be guilty unless his or her conduct induced the victim to take action which was either intended by the accused or was of a type which a reasonable person could have foreseen as a consequence of the accused’s conduct … any irrational or unreasonable conduct of the victim will be a variable factor to be weighed according to all the circumstances of the case.
One was to try and go back into the apartment, to go back through where Gable Tostee was, to have to engage with the man who on the crown case had violently restrained her. The man who had just told her in response to her begging to be permitted to go home that he would not let her do so because she had been in his words ‘a bad girl’. In light of what he had done and what she feared he would do, what then was her only reasonable and rational option in those circumstances? The only remaining option … is to attempt to climb down the balcony to escape Gable Tostee.
Gable Tostee was lawfully permitted to restrain Ms Wright because she attacked him with rocks … he was acting to remove a disorderly person from his property and the law says you can do that. Locking her on the balcony, shutting and locking the door was an act of de-escalation … to intervene, an act that created safety, in essence, for both of them.
His remarks hit on the issue of reasonable foreseeability, and he argued, in essence, that Wright’s death could not have been foreseeable to Tostee, as the action she took was too extreme. He said:
This was a climb that couldn’t work unless you were Spider-Man … Her decision to climb over a 14th floor balcony was not a proportionate, reasonable or rational response to the situation she was in … That sequence of events is a desperate tragedy but it is not murder and it is not manslaughter. Just because somebody is dead does not in itself mean someone is criminally responsible for that death.
He’s relieved this matter is now behind him and he’s looking forward to moving on with his life. He thanks all those people who have supported him through this and realises just how tragic this has been for many people. At this stage, he’s looking forward to putting it behind him and considering his future from here.