VIC Criminal Code - Removing of Disorderly Person from Property?

[Reuben James]

Yes, I did notice that case and the interesting thing about that decision was that the prosecutor was able to produce evidence which strongly suggested a malign intent toward the deceased, however the defence were able, by cleverly crafted story, not only reverse that perception and (at least partially) convince 12 individuals that the opposite was true, but managed to convince the court that locking someone out on a balcony 14 floors up was a lawful ejection, because technically, you can eject from room to room.

What may have been overlooked was that an exception to that rule would be a room from which there was no escape. You can't "eject" someone into a locked room-- eject means out, not in. She wasn't 'ejected from the property,' she was ejected from the lounge room and detained on the balcony. Whether lawful or not, it was an arrest, not an ejection.

So I wondered if I could do something similar...

 

[Gorodetsky]

So I wondered if I could do something similar...

What the hell are you wondering about?

This is not a course of action worthy of any consideration.

 

[Rod]

So I wondered if I could do something similar...

So you're saying you are willing to risk a murder conviction while ejecting a trespasser?!

Good luck with that. A similar case in 1991 to the one you mentioned made it to the HCA that dismissed an appeal. Murder conviction survived two appeals.

 

[Reuben James]

My newfound and distinguished friends,

I wasn't, for a moment, considering the commission of any offence. Far from it. What I was wondering, rather, was-- is it possible with a good story, to raise doubt or create a belief in a person of sound mind; someone interested in law and with access to all the relevant documents, that on the prima facie at least, this type of hypothetical situation presents as an unusual and unfortunate circumstance arising from what is essentially a 'lawful ejection?'

Sincerely