A truck driver who crashed into two men as they were changing a tyre on the side of the road in Western Australia's south, killing them both, has failed in his bid to have his five-year jail sentence reduced.
Paul Stewart Kershaw was heading to Bunbury in a prime mover towing a laden refrigerated semitrailer, weighing some 40 tonnes, on the Old Coast Road at Myalup on February 3, 2011 when the accident occurred.
Almost 13 hours after starting work, Kershaw drifted from the left-hand lane of the carriageway onto the sealed stopping lane and ploughed - without braking - into David Eugene Tagliaferri, who had parked his Hyundai Getz to change a flat tyre.
Kershaw also hit Albert Frederik De Beer, who had stopped his Holden Commodore behind Mr Tagliaferri's vehicle while he helped with the tyre, with his car's hazard lights flashing.
Mr De Beer, 42, was killed instantly while Mr Tagliaferri, 44, died in hospital a short time later.
WA's Court of Appeal heard on Friday that Kershaw had been travelling at 96km/h, which was less than the speed limit of 110km/h. He was not affected by alcohol, but may have been affected by prescription medication for a depressive condition that made him drowsy.
Kershaw also knew the vehicle tended to pull to the left.
Before the crash, witnesses saw the appellant driving erratically, drifting across the central broken white line and onto the shoulder of the road on three or four occasions over a distance of about 40km.
The sentencing judge found the crash was caused by fatigue and possibly the effects of the medication.
He knew he was tending to doze. He should have stopped and rested, Court of Appeal Justice Carmel McLure said.
The appeal was dismissed.