Prison sentence for sleeping motorist – Article from The Courier-Mail
- Mark Oberhardt
- From:The Courier-Mail
- September 14, 2011 12:00AM
![victim's family](http://resources2.news.com.au/images/2011/09/13/1226136/137594-victim-039-s-family.jpg)
IMPACT: Beverley Miller’s mother, Suzanne Rowlling, and brother, Paul Millar, outside the court. Source: The Courier-Mail
A DRIVER with a chronic sleep disorder had a “micro sleep” and crashed his car into a tree, killing his fiancee, a court has heard.
It is the first case of someone suffering from a medical condition causing a road fatality to come before the Brisbane courts since the so-called “Jet’s Law” increased sentences for dangerous driving causing death.
“Jet’s Law” was introduced in Queensland about five years ago, after the death of a young boy who was a passenger in a car struck by another vehicle driven by an epilepsy sufferer. The maximum sentence for causing death through dangerous driving was increased from seven to 10 years.
In 2004, Alan Leslie Styman was diagnosed with narcolepsy, a chronic sleep disorder or dyssomnia, characterised by an excessive urge to sleep at inappropriate times, and had been told by a specialist not to drive.
Styman, 45, of East Ipswich, pleaded guilty to dangerous operation of a motor vehicle causing the death of Beverley Miller, on July 22 last year.
Prosecutor Belinda Merrin told the District Court in Brisbane yesterday that after Styman was told by a specialist not to drive, he went to two other doctors to get certificates that allowed him to get a licence.
Ms Merrin said Styman was driving on Beaudesert Rd, at Moorooka in Brisbane’s south, when his car mounted the footpath and struck a tree.
Ms Miller had to be cut from the car by rescuers and died a short time later.
Ms Merrin said the Crown case was that Styman fell asleep, which caused the accident.
“It is made worse by the fact he disobeyed a doctor’s orders that he should not be driving,” Ms Merrin said.
Barrister Simon Lewis, for Styman, said his client had suffered depression over the loss of Ms Miller.
“By his plea, he accepts that he knew he ought not be driving and that he knew he posed a risk,” Mr Lewis said.
Judge Tony Rafter, SC, detailed how Styman knew he posed a risk if he drove but had obtained certificates from doctors who were not fully aware of his condition.
Judge Rafter said Ms Miller’s death had had a devastating impact on her family.
He jailed Styman for four years but suspended the sentence after 12 months and absolutely disqualified Styman from driving.