A WELLINGTON Point man charged with dangerous driving causing death could have been driving subconsciously just seconds before a fatal collision, according to his sleep therapist.
Ian Carr, 66, has pleaded guilty to dangerous driving causing death following a crash at the intersection of St James Road and Quarry Road, Birkdale, on February 4 last year.
The two-car crash claimed the life of respected physiotherapist and father-of-two Tim Ling, 39, who was driving the other vehicle.
Carr and his thoracic physician Dr Roger Allen took to the witness stand at his sentencing hearing in Brisbane District Court on Friday.
The court heard Carr had been referred to Dr Allen prior to the crash after complaining of lethargy.
He was later diagnosed with idiopathic ICD hypersomnia, a neurological condition that causes excessive daytime sleepiness.
Carr said his last memory before the crash “was at the intersection, realising I didn’t have time to put my foot on the brake”.
He said his most recent memory prior to that was when he was adjusting the radio on Birkdale Road, some two and half kilometres from the eventual crash scene.
Dr Allen said some people who suffered from sleep disorders could perform relatively mundane tasks subconsciously, such as walking and even driving familiar routes.
He cited a textbook study of a man who had driven from Lake Tahoe to a motel in Carson City in Nevada, with no memory of the trip immediately upon arriving at his destination.
Defence barrister Chris Wilson asked Judge Stuart Durward SC to consider, on the balance of probabilities, that Carr could have been unaware of his surroundings until it was too late to prevent a crash.
He said such a circumstance made Carr less criminally culpable than if the crash was caused by deliberate inattention.
Prosecutor Sarah Farnden asked the judge not to consider the perspective offered by the defence.
She said Carr had a history of falling asleep during quiet periods, but not while performing tasks such as driving.
Judge Durward adjourned the matter to Tuesday while waiting for a clarification in the court’s transcript.
He indicated a sentencing decision would be made on that day.
