June 2017 · Victoria, Australia
Taxi driver with severe undiagnosed sleep apnoea hits aged-care minibus, three residents die; convictions quashed
- Safety
- Legal
A taxi driver carrying clients of a disability service drove through a rural give-way intersection without braking and struck a minibus taking nine aged-care residents home from a day trip; three of the elderly passengers died. Two hours later he was seen falling asleep and snoring in a busy hospital emergency department, and he was later diagnosed with very severe obstructive sleep apnoea (69 breathing stops an hour). He was convicted and jailed for six years, but the Court of Appeal quashed all the convictions because the jury could not exclude that his undiagnosed apnoea left him in microsleeps or diminished consciousness, so his driving may not have been conscious and voluntary.
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