New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Obstructive sleep apnoea

Legal area

Court

12 May 2021

SAVIETI v NEW ZEALAND POLICE [2021] NZCA 176

Citation

[2021] NZCA 176
Court

Court of Appeal

Appeal allowed and conviction set aside because it was reasonably possible the appellant did not recognise subjective sleepiness due to undiagnosed severe OSA and the expert evidence did not prove that a reasonable person in his position would have recognised the risk of falling asleep; conviction therefore unsafe.
29 Apr 2019

SAVIETI v NEW ZEALAND POLICE [2019] NZHC 905

Citation

[2019] NZHC 905
Court

High Court

The appellant was guilty because his undiagnosed sleep apnoea contributed to chronic fatigue but did not amount to a sudden unforeseeable incapacity; objective warning signs and the appellant's routine (early waking, heavy manual work, prior need to combat tiredness while driving, habitual daytime nap) meant a prudent driver would have recognised the risk and rested. Thus continuing to drive breached the standard of care and caused the collision.