The principles in Jiminez v The Queen concerning causation in dangerous driving cases where the driver falls asleep at the wheel apply equally to cases where the driver suffers an epileptic seizure. An epileptic seizure does not constitute a novus actus interveniens where the danger arose from driving with a medical condition carrying an inherent risk of seizure. Post-accident evidence of undiagnosed medical conditions (such as sleep apnoea) is admissible to assess the objective dangerousness of driving at the time of the offence, even though the driver was unaware of the condition. Lies told to the RTA on licence renewal forms are admissible as evidence of the driver's subjective awareness that driving was dangerous.
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