Australian Blogger's Son Dies- Sparkling Adventures

[Cerdwin]

http://www.brisbanetimes.com.au/queensl ... 2519.html/

If it goes the mental health route he could be held indefinitely. I am pretty sure that the family has been very closely scrutinised by multiple authorities in the past couple of weeks. We will not be hearing much about this case for a long time yet. I didn't break the link because it is a news website.

[Witsec7]

TY Cerdwin, I see there are minor drug charges now. I have no clue what this means regarding the laws down there. I always wondered if they were puffing a bit or indulging in some local ethnobotanicals.

[Cerdwin]

TY Cerdwin, I see there are minor drug charges now. I have no clue what this means regarding the laws down there. I always wondered if they were puffing a bit or indulging in some local ethnobotanicals.

Probably possession of weed or implements. Distribution and trafficking, possession of harder drugs are considered more serious offences. It has been 20 years since I was at law school, and I never practiced law, so I am not as clear on the law as I used to be. Smaller offences, where there has been no pattern of abuse, are generally punished with fines.

Edit: by pattern of abuse I mean repeat offences seen by the court.

[yaright]

I don't find it odd the daughter knows what is going on, this was all within walking distance to their truck, I am sure those poor girls witnessed everything that happened. And between being questioned by the police, their brothers funeral, and everything else. They know what is going on. I hope they are in therapy right now.

I have not gotten the impression that she finds him innocent did I miss something?

I think blog may help those girls in therapy later. They will know yes this really happened, and can see the moms point of view on what happened.

As for contradicting myself if I did I am sorry, I am sick and had a glass of wine. Not suprised but not trying too.

Nor was I trying to start a debate. I am glad to have someone to talk about this with, because it really bothered me. Reading the blog, following her on FB then the baby died. I actually cried my eyes out when it happened. I felt like I should have done something. Not sure what, I am in America I have never met her, never seen the baby, so not much I could do. But when you read blogs you just have a connection, which I am sure some of you experience. I don't know who to call and all the advice she was being told was just being deleted right and left.

And I do feel bad for her also, Just because I am a mother and so I see it through Mom eyes.

[yaright]

also not an expert on the blog, I didn't study it I just read it time to time. I thought she worked as a programmer or something in that field. Her blog is down due to bandwidth and I have read it for a long period of time not all in one sitting so I could be off on somethings. Feel free to correct me.

I also thought she ran the flooring business with him? But I thought she posting about her job being the main income before she quit to go on the road and was bragging about how good of a job it was.

And thanks for the update on the drug charges, also not suprised but still so sad.

[sassyNoz47]

TY Cerdwin, I see there are minor drug charges now. I have no clue what this means regarding the laws down there. I always wondered if they were puffing a bit or indulging in some local ethnobotanicals.

I wondered the same thing! The way they had cash at times and then didn't made me wonder if they were also into dealing.

[Witsec7]

I wondered the same thing! The way they had cash at times and then didn't made me wonder if they were also into dealing.

That happens just as easily to folks who have legal jobs for a living. :roll:

I appreciate the input on the weed penalties from Cerdwin. I had thought OZ wrote tickets for small amounts and was hard core when it came to white powders.

[Cerdwin]

As a large family with a low income they would receive government assistance on a regular basis. Occasionally there have been extra 'windfalls'. Most recently middle and lower income families were given lump sum payments of up to $1000 to soften the blow of a newly introduced carbon tax.

If David was accused of dealing it would not be a minor offence.

Edit to add: I also forgot to mention the baby bonus - families get about $5000 for having a baby, to help with the expenses. Their reproduction rate would imply a pretty regular flow of extra money.

[lilith]

Queensland has some of the heaviest drug laws in Australia.

Commercial quantities/ dealing are punished harshly in all states, but yeah, in most states simple possession of cannabis is usually a fine, or even more usually ignored. Queensland is one of our most conservative states and one of the few where all possession is automatically criminal, and where possession of implements is regularly prosecuted. My father runs a headshop in northern NSW, there is no way he could do it across the border in QLD.

That said, if drugs were found here in NSW as part of another criminal investigation, the charges would be tacked on to the more serious charge. There is not likely to be an added penalty, but it gives the courts a more complete view of a situation.

Former legal secretary who worked in criminal firms here.

[lilith]

As a large family with a low income they would receive government assistance on a regular basis. Occasionally there have been extra 'windfalls'. Most recently middle and lower income families were given lump sum payments of up to $1000 to soften the blow of a newly introduced carbon tax.

If David was accused of dealing it would not be a minor offence.

Yes, they mentioned they had to live in australia for a certain amount of the year for tax purposes. That could be for family tax benefit, which for 5 kids and no family income would be a fair bit of money on a fortnightly basis and bonuses at least yearly.

[princessjo1988]

Thanks for finding the report Cedwin! I also agree that is probably cannabis.

I agree that it is bizarre, theology geek. I guess we would like to think we would act in a certain way when a situation arises, only to do something completely different. Reading back through the blog I have found quite a few WTF moments, which when taken one their own, aren't that big of a deal, but when added up are just a part of their big slide into, well, a break with anything reassembling reality.

Such as

* The last daughter was very,very badly scratched (enough to draw a significant amount of blood) on the face by her sister when she was very tiny...

* Even though they had more than enough bedrooms/space in that house, they had same above infant daughter in the same room as the child who scratched her. Not only that, but the older child could, and did, climb into the cot with the baby girl on multiple occasions.

* The father putting the one of the girls hair up using masking tape.

* After the parents had had a fight, Lauren stressing that it had not turned physical - regardless of the fact that things had been thrown etc. No mention of the children.

* Multiple times stressing the innate sin nature of children - and referencing physical discipline.

* They started off by being very water safe (swimming lessons, float suits, close supervision), to being far too relaxed (no swimming lessons, no float suits, no supervision in fire bath and other water bodies as evidenced by one of David's youtube clips).

* Once, Lauren and one of the girls was in a canoe (child with no life-vest) and it rolled. They were ok, but the child was distressed. David would not allow them to return to the shore, but made them remain in the creek/lake.

*There are a lot of references just before they started 'travelling' that Lauren didn't feel comfortable with leaving her home, but that she would do it 'for their marriage'.

Jo

[lilith]

Just read the article.

I don't know QLD law, but in NSW the "mental health court" would be the Mental Health Review Tribunual, which would not determine bail but determine if someone can be held against their will in a psychiatric facility and maybe their fitness to be tried and assist in their own defense.

So it's possible he has to get approved to be released from the facility to even apply for bail. And if he's approved for release then bail is denied (as is very possible) then he would have to go to a mainstream remand centre, so they may not want to risk it.

[Witsec7]

Yes, they mentioned they had to live in australia for a certain amount of the year for tax purposes. That could be for family tax benefit, which for 5 kids and no family income would be a fair bit of money on a fortnightly basis and bonuses at least yearly.

The blog frequently mentioned him working while they were on the road.

[lilith]

TY Cerdwin, I see there are minor drug charges now. I have no clue what this means regarding the laws down there. I always wondered if they were puffing a bit or indulging in some local ethnobotanicals.

It would most probably be pot, but magic mushrooms, LSD and lost of Es are readily available in the rainbow family crowd. They spent new years at a bush doof, and those places are full of party drugs, including harder ones like meth.

Chemicals could well have been the straw that broke the back of his tenuous mental health and pushed him over the edge.

[lilith]

The blog frequently mentioned him working while they were on the road.

But would it be declared income?

As a stay at home mum of a middle to low income family she would still get a fair amount of family tax benefit with that many kids, even if it was declared.

[Cerdwin]

The blog frequently mentioned him working while they were on the road.

Working would not immediately preclude them from receiving the payments. They are calculated based on income of both partners. I do not work, but stay home with kids, and so I get a small payment, even though my husband has a reasonable income. That's assuming they even declared his income. It wouldn't shock me if his work on the road was paid in cash under the table.

[Witsec7]

Working would not immediately preclude them from receiving the payments. They are calculated based on income of both partners. I do not work, but stay home with kids, and so I get a small payment, even though my husband has a reasonable income. That's assuming they even declared his income. It wouldn't shock me if his work on the road was paid in cash under the table.

It's reasonable to believe that he was receiving cash payments for jobs. They always managed to have money for airplane trips and the home remodel, truck purchase and renovation did not come cheap.

[lilith]

It's reasonable to believe that he was receiving cash payments for jobs. They always managed to have money for airplane trips and the home remodel, truck purchase and renovation did not come cheap.

They also often talked about an "alternative economy" where people paid less but invested more of themselves in a transaction. I can't see that set up including GST and income tax.

And the alternative circles they had been running in are largely cash economies, partly because many members receive government payments that would be compromised in income was declared.

[theologygeek]

I have not gotten the impression that she finds him innocent did I miss something? .

She said she missed her best friend. If my husband killed my baby, I would not refer to him as my best friend, nor would I miss him.

[theologygeek]

http://www.brisbanetimes.com.au/queensland/no-bail-application-for-accused-baby-killer-20120716-22519.html/

If it goes the mental health route he could be held indefinitely.

What is mental health court? They mentioned that in the article. Is that where they determine if he is fit to stand trial, or does the whole trial happen there?

[lilith]

What is mental health court? They mentioned that in the article. Is that where they determine if he is fit to stand trial, or does the whole trial happen there?

I'm more familiar with NSW than QLD, but no, then whole trial won't happen there, but they will determine if he can be held in a mental health facility against his will and possibly if and when he isnfit to stand trial and where and how he will serve his sentence in the event he is found guilty.

[yaright]

I met to quote but I messed up. sorry.

I figure she was pretty isolated, I would miss my husband, but my husband wouldn't kill my kids. So I have never been in that situation to know how I would feel. I just don't have the ability to put myself in her shoes.

I also wouldn't put I need the ability to love more, if my husband was cheating on me, it would be that asshole needs to get his crap out of my house.;) Her reactions to things have been pretty far off of how I would react.

And if she thought he was innocent I think she would be more vocal than she is now. She is not a private person, she pretty much says how she feels about everything online. Her blog seems to be her personal Diary. So she would be crying about persecution, she isn't she is telling her kids their dad is going to be in prison until they are grown. I could be wrong, just what I am getting my theory.

This is a case I will be following.

[theologygeek]

I'm more familiar with NSW than QLD, but no, then whole trial won't happen there, but they will determine if he can be held in a mental health facility against his will and possibly if and when he isnfit to stand trial and where and how he will serve his sentence in the event he is found guilty.

Oh okay, thanks. I never heard it referred to as mental health court.

[Cerdwin]

What is mental health court? They mentioned that in the article. Is that where they determine if he is fit to stand trial, or does the whole trial happen there?

It makes a determination of his state of mind at the time of the crime, and whether he is fit to stand trial. If he is, the case is returned to the criminal courts. If he is not, then they can order his detainment and treatment in a mental health facility. This website describes its role in our court system http://www.courts.qld.gov.au/courts/mental-health-court .

[happy atheist]

She said she missed her best friend. If my husband killed my baby, I would not refer to him as my best friend, nor would I miss him.

I would miss what I thought we had. The concept of the best friend and loving husband would be another thing to mourn, almost like him dying, too. I would never forgive him nor would I want him back, but I would probably wish things were like they used to be.

It's got to be especially hard to cope with the loss of the baby without the support of the one person you thought you could count on. And in this case, the one person she thought she could count on is the source of all the pain.