Gable Tostee and Warriena Wright inside his 14th floor Surfers Paradise apartment just hours before the New Zealand tourist plummeted to her death from the balcony on August 8, 2014. Picture: AAP Image/Supplied by Queensland Supreme Court

Jurors deliberating in Tostee’s murder trial passed Justice Byrne a note on Monday afternoon, asking four questions, including if Ms Wright’s level of intoxication when she died was a factor they must take into account when determining if her decision to climb over Tostee’s balcony was rational and reasonable.

In the Brisbane Supreme Court on Tuesday morning, Justice Byrne said it was a factor they must consider when determining if Tostee unlawfully killed his Tinder date, on August 8, 2014.

“A jury of your accumulated experience of life scarcely needs a judge to point out that excessive consumption of alcohol can impair judgement ... People, when drunk do things, they would not when sober,” he said.

“The degree of Warriena Wright’s intoxication when the accused moved her onto the balcony has potential to bear on your consideration as to whether the decision to climb over the balcony was a reasonable and rational or proportionate response to the accused’s conduct.

“Her state of mind should be taken into account, the extent to which her decision to climb over the balcony was reasonable, rational and proportionate, in response to the conduct of the accused.”

Crown prosecutor Glenn Cash argued Ms Wright chose to climb the balcony due to her “abject fear” of Tostee, while defence counsel Saul Holt, QC, argued Tostee locked Ms Wright out on the balcony to de-escalate the violet situation in the apartment, in which Ms Wright had repeatedly attacked him.

Gable Tostee appears to be holding a metal object in this CCTV footage after Warriena Wright had fallen from his balcony. Picture: SuppliedSource:Supplied

Justice Byrne also instructed jurors that a metal object CCTV footage captured Tostee carrying when he exited the lift of his apartment building after Ms Wright’s death is irrelevant to their deliberations.

He said what Tostee had in his hand after Ms Wright’s death had no bearing on their verdict, reminding them of his earlier direction that Tostee’s conduct after Ms Wright’s fatal fall should not be considered as pointing to his guilt.

“There is no evidence beyond the CCTV of the item you have asked about,” he said.

“Neither of the final addresses sought to make anything of what you could see on the CCTV footage after Ms Wright’s death. Neither party speculated.

“Finally, I remind you of my direction you cannot give Mr Tostee’s conduct after Ms Wright fell as in any way advancing the prosecution case on murder or manslaughter.”

Tostee has pleaded not guilty to murder.

The jury may also find a lesser charge of manslaughter.