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What Needs To Be Answered Before Determining Tostee's Fate

The Jury in the Gable Tostee case have returned from deliberations to ask Justice Byrne how to proceed after being unable to reach a unanimous verdict.  

Earlier on in the second day of deliberations, the Jury in the Gable Tostee case had asked two more questions of the Judge. 

The first question of the jury is "when does the act to remove a person behaving in a disorderly matter start?".

The second question is in regards to a homeowner's right to remove a disorderly person from their property and does 'remove to the balcony' count in that instance. 

Justice Byrne confirmed that removing a disorderly person to the balcony does constitute removing a person from the home. 

The case has spent seven days in front of the courts, with two days of deliberations from the the six men and six women jurors. 

The 30 year old Tostee refused to testify in the murder trial, however a number of audio recordings from the night in question that Tostee himself recorded will influence the final ruling. 

After adjourning on Monday evening, the jury returned on Tuesday morning asking the Judge to address four questions in relation to the hearing. 

The questions included Tostee's age at the time of the alleged offence, if they should consider how drunk Ms Wright was and an item in Tostee's hand seen on CCTV footage after she died.

Justice Byrne told the jury on Tuesday they should not consider Tostee's conduct after the alleged offence as part of their reasoning to reach a verdict of murder or manslaughter.

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He also said as Tostee's age was not part of the evidence they must not draw any conclusions from it.

However, the jury is allowed to consider if Ms Wright's state of mind was influenced by alcohol, the court heard.

Tostee is not alleged to have pushed or thrown Ms Wright from his 14th floor balcony but intimidated her so greatly she felt climbing over the railing was the only way to escape from him.

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Warriena Tagpuno Wright fell to her death from the 14th floor balcony of Gable Tostee's high-rise Avalon Apartments unit in Surfers Paradise in the early hours of August 8, 2014.

The 26-year-old from Wellington was on a two-week holiday in Australia to attend a friend's wedding when she met Tostee on Tinder.

Tostee, a carpet layer, had pleaded not guilty to her murder.

With AAP

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