06.39 am, Monday March 22 2010

Insomniac driver jailed over crash death

18:37 AEST Fri Jul 3 2009
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A insomniac driver who fell asleep and veered onto the wrong side of the road, killing another driver, has been jailed for two years.

Belinda Patten, 27, had travelled hundreds of kilometres before her station wagon veered into an oncoming car, killing driver Anthony Rushton, 64, on April 6, 2007.

The County Court heard both cars were travelling at about 100km/h when Patten failed to take a left hand curve on a highway in northwest Victoria and crashed into Mr Rushton's vehicle.

In her police interview, parts of which were read to the court, she admitted she did not sleep much before the crash.

"If I didn't, you know, close my eyes by 3 o'clock or 4 o'clock, I didn't see the sense of it so I just stayed up and had coffees," she said.

"I've turned into an insomniac."

The court heard that the night before the crash Patten had driven 400km from Adelaide to Mildura where she had two hours rest.

She then drove another 250km from Mildura to Swan Hill, through the town of Lake Boga and onto the highway.

Witnesses reported seeing her car veer onto the road shoulders and across the road centre before the crash.

The Crown alleged she had fallen asleep and a County Court jury convicted her of dangerous driving causing death.

She was found with a small amount of cannabis at the time of the incident.

Judge Anthony Duckett agreed the mother of four had "seriously lacked sleep" and should have realised the danger she posed to other road users.

The judge said her actions had imposed great hardship on the victim's family, leaving his wife of 40 years alone to care for their disabled daughter, who was also injured in the crash and now needs help walking.

Patten, who has no prior convictions, will serve a minimum 12 months before being eligible for parole.

 
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