The accused was charged with impaired driving causing death and bodily harm, dangerous driving, and failing to remain at the scene after striking two municipal workers with his truck.
The accused raised a defence of non-mental disorder automatism, arguing he was in a parasomniac state (sleep-driving) at the time of the collision.
The court rejected the automatism defence, finding the accused fell asleep at the wheel due to extreme fatigue and alcohol impairment, rather than a sleep disorder.
The accused was convicted of impaired driving causing death and bodily harm.
However, he was acquitted of dangerous driving because it was not reasonably foreseeable that he would fall asleep during the short drive, and acquitted of failing to remain because he was asleep during the collision and unaware it had occurred.
