R v McLean [2020] SADC 170 (available on the Courts SA website) saw a Judge alone trial of an ambulance driver charged with offences of causing death/harm by dangerous driving. The ambulance driver was transporting a patient from near Port Pirie to the Royal Adelaide Hospital in early hours of the morning. The ambulance driver fell asleep whilst driving, shortly before the vehicle left the road and rolled over once causing the death of a patient and harm to passengers. The ambulance driver was subsequently diagnosed with severe sleep apnoea.
At [151] the Court said:
This is not a case where a reasonable person in the situation of the accused ought to have realised that he was at risk of falling asleep because he had some direct warning of drowsiness or sleepiness, or because of the length of time he had driven without rest, or by reason of his lack of sleep in the preceding hours or days, or because of the conditions under which he was driving
The Court found the driver not guilty of the charged offences or the lesser alternative offences.