The appellant appealed his conviction for dangerous driving, arguing that his driving was the result of unexpectedly falling asleep due to sleep apnea.
The Court of Appeal upheld the trial judge's rejection of this non-blameworthy explanation, noting the weak expert evidence and the appellant's lack of history of falling asleep unexpectedly.
The court also dismissed procedural arguments regarding the trial judge's conduct.
However, based on a Crown concession, a clerical conviction for dangerous driving simpliciter was quashed.
