Tim Ellis has had his appeal dismissed by the Hobart Supreme Court as reported by ABC News.
Justice Harper decided that Magistrate Chris Webster was justified in finding Ellis guilty of causing death by negligent driving.
Significantly, it was found that there was no evidence to support Ellis’ hypothesis that he fell asleep without experiencing any warning over a short period of time. Therefore it was concluded that Ellis was conscious up to, and including, the moment of impact.
I wonder what state of consciousness existed which would permit a head on collision to occur?
As discussed in my earlier post the study published in the Medical Journal of Australia (2003) concluded that even if people are aware of their sleep disorder they may not have any warning of falling asleep. I discuss this study and its implications in the context of my own personal experience in my book Breathless Sleep…no more.