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ABC radio just reported that he wore a blood glucose monitor and had ignored 9 warnings on it prior to crash. Also that he had 30 recent citations for speed related offenses. That's all the detail.
So not handling diabetes properly and being a bit of a lead foot combine to cause carnage.
A dangerous situation which there are many.
Just had a conversation before with friend about tailgaters on the Calder and the dangerous driving around this time of year.
Stay safe out there folks......as the silly season gets into full swing.
 
Pamcake1 said:
ABC radio just reported that he wore a blood glucose monitor and had ignored 9 warnings on it prior to crash. Also that he had 30 recent citations for speed related offenses. That's all the detail.
So not handling diabetes properly and being a bit of a lead foot combine to cause carnage.
A dangerous situation which there are many.
Just had a conversation before with friend about tailgaters on the Calder and the dangerous driving around this time of year.
Stay safe out there folks......as the silly season gets into full swing.
Click to expand...
We had a prisoner who had an epileptic fit while driving and killed somebody. He was inside for a long, long time.
 

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Pamcake1 said:
ABC radio just reported that he wore a blood glucose monitor and had ignored 9 warnings on it prior to crash. Also that he had 30 recent citations for speed related offenses. That's all the detail.
So not handling diabetes properly and being a bit of a lead foot combine to cause carnage.
A dangerous situation which there are many.
Just had a conversation before with friend about tailgaters on the Calder and the dangerous driving around this time of year.
Stay safe out there folks......as the silly season gets into full swing.
Click to expand...
I hear ya.
Drove the Calder last Friday and again on Sunday - absolute chaos.
Saw about seven near misses in the space of 30 minutes.
 
Pamcake1 said:
ABC radio just reported that he wore a blood glucose monitor and had ignored 9 warnings on it prior to crash. Also that he had 30 recent citations for speed related offenses. That's all the detail.
So not handling diabetes properly and being a bit of a lead foot combine to cause carnage.
A dangerous situation which there are many.
Just had a conversation before with friend about tailgaters on the Calder and the dangerous driving around this time of year.
Stay safe out there folks......as the silly season gets into full swing.
Click to expand...
Should be locked up for life then.
 
geoffjennings79 said:
Defence lawyer seemed to be clutching at straws if the quotes are accurate.

Deliberately ignoring warnings that you know impede your driving ability, captured on your own device. Then making a deliberate decision to still drive anyway. Inconvenient, to say the least.
Click to expand...

They still have to prove he deliberately ignored said warnings. Im not sure medically they can but we will see.
 
As a diabetic with a monitor I just can't believe he ignored the alerts. How ****ing stupid.
 
The Daily Fail has been digging the dirt on the drivers background for public consumption;

www.dailymail.co.uk

Diabetic driver charged on beer garden crash moaned about road safety

A man charged with killing five people after his car rammed into a pub beer garden is a wealthy artist, shooter and property tycoon who once complained to his council about road safety.
www.dailymail.co.uk www.dailymail.co.uk
 

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Finding today in prelim whether it goes for trial
Going to be hard to prove. Doctors testified it was a sudden crash. Going to depend where the phone was and how alerts worked.
If the warnings were at once or via text and did he ignore wilfully or correctly not use his phone driving?
 
Update = all charges dropped. Dermott Dan was the guys lawyer. Put foward an excellent argument.
To.prove a crime you must prove conscious intent. If a hypoglycaemic attack took hold suddenly and the guy was becoming unconscious he could not consciously form intent. Even as the prosecutor alleges he ignored warnings he was in no state to consciously heed and act to ignore the warnings hence intent is invalid. In the sense of he was not of sufficient cognitive ability to form intent
Appears this was a tragic accident. Not sure what locking the guy up achieves. (It doesn't bring anyone back)
One things for sure thou. He should not have been on the road. How did Docs and Vic roads sign off on his licence given a condition like this could suddenly take hold?
 
Last edited:
One hopes the driver in question has stopped driving?
What about the 5 people who died? There’s no justice for them or their families.
From The Age - The prosecution had argued that in the lead-up to the fatal crash, Swale ignored a string of low-blood-glucose level alerts from a monitoring device on his arm linked to his mobile phone, and continued to drive.

The defence, led by Dermott Dann, must have successfully argued that from the very first warning sent to the driver’s mobile, the driver was no longer responsible for his actions, because it was a ‘medical episode.’
If that’s the case, what earthly use are these warnings? Surely drivers with this condition should not be able to drive, if from the very first warning, they lose legal responsibility for their actions.
Or could it be the case that at the first warning, the driver isn’t ’too bad’ and can stop driving, and therefore is responsible for what happens thereafter?
The law is truly an ass.
 
FromOldFitzroy said:
One hopes the driver in question has stopped driving?
What about the 5 people who died? There’s no justice for them or their families.
From The Age - The prosecution had argued that in the lead-up to the fatal crash, Swale ignored a string of low-blood-glucose level alerts from a monitoring device on his arm linked to his mobile phone, and continued to drive.

The defence, led by Dermott Dann, must have successfully argued that from the very first warning sent to the driver’s mobile, the driver was no longer responsible for his actions, because it was a ‘medical episode.’
If that’s the case, what earthly use are these warnings? Surely drivers with this condition should not be able to drive, if from the very first warning, they lose legal responsibility for their actions.
Or could it be the case that at the first warning, the driver isn’t ’too bad’ and can stop driving, and therefore is responsible for what happens thereafter?
The law is truly an ass.
Click to expand...
1. No there isn't. And won't be. They tragically lost their lives.
Your 3rd paragraph yes. They argued and had 2 "doctors testify this was a sudden attack. So if he's unconscious intent can't be properly formed. The warnings on the phone aren't proof. Is it a text message a phone call what?
 
So anyone diabetic now should lose their license ? If the warnings cannot be acted on or acknowledged in real time then they surely should not be behind the wheel. Not sure on the precedent when its a known condition which is self managed to a genuinely spontaneous medical episode i.e heart attack without any previous symptons
I understand the judge and why he made the call on it but it opens a can of worms. Feel sorry for the families who lost loved ones.
 
Diabetics (type2) have to pass full medical examinations to keep their drivers licenses (every 5 years.) They are also monitored (blood tests) on a 3 monthly basis at least in order for the doctors to be able to monitor how well they are managing their diabetes.
Checking your blood glucose levels (the machine remembers the levels) before driving should be a standard requirement.
 
Ballarat Bob said:
So anyone diabetic now should lose their license ? If the warnings cannot be acted on or acknowledged in real time then they surely should not be behind the wheel. Not sure on the precedent when its a known condition which is self managed to a genuinely spontaneous medical episode i.e heart attack without any previous symptons
I understand the judge and why he made the call on it but it opens a can of worms. Feel sorry for the families who lost loved ones.
Click to expand...

I believe some medical episodes can result in temporary restrictions on driving (e.g. must go four months without another incident after treatment before being allowed to drive again). A colleague's daughter had this but I can't remember what she suffered. I think it was some kind of blackout, but not sure.
 
FromOldFitzroy said:
One hopes the driver in question has stopped driving?
What about the 5 people who died? There’s no justice for them or their families.
From The Age - The prosecution had argued that in the lead-up to the fatal crash, Swale ignored a string of low-blood-glucose level alerts from a monitoring device on his arm linked to his mobile phone, and continued to drive.

The defence, led by Dermott Dann, must have successfully argued that from the very first warning sent to the driver’s mobile, the driver was no longer responsible for his actions, because it was a ‘medical episode.’
If that’s the case, what earthly use are these warnings? Surely drivers with this condition should not be able to drive, if from the very first warning, they lose legal responsibility for their actions.
Or could it be the case that at the first warning, the driver isn’t ’too bad’ and can stop driving, and therefore is responsible for what happens thereafter?
The law is truly an ass.
Click to expand...
The prosecution can bring it to trial directly.
Not sure the mechanism of refiling but they could still send the matter for trial
 
I thought it was ruled that they couldn’t?
Anyway, it appears that the prosecution failed to present a good case, or so the bench implied, or maybe even said.
So, if it proceeds to trial, and faced with Dann, they better lift their game.
 

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