A former Canberra truck driver whose negligent disregard for his own health culminated in the death of a "vivacious" young boy on the Monaro Highway has been sentenced to more than three years in jail.
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Akis Emmanouel Livas, 57, knew for years he likely had sleep apnoea before he "blacked out" behind the wheel of a seven-tonne truck and ploughed into the back of a stationary Ford Territory in July 2018.
The impact of the crash immediately killed four-year-old Blake Corney, who sustained a catastrophic brain injury while sitting in the back of the car. He was enjoying his favourite music as he and his family headed to Toys R Us.
Blake's father, Andrew Corney, on Friday said a question remained about whether Livas' sentence of three years and three months' jail for culpable driving causing death was adequate.
Livas, who ignored doctors' advice and failed twice to attend sleep study referrals before the crash, will be eligible for parole on May 18, 2022, after two years and three months in jail. He also neglected to disclose the likelihood that he had sleep apnoea when he renewed his heavy vehicle licence and started a new job driving trucks shortly before the crash.
"I think that this is probably a matter for everyone to consider whether the sentence is adequate, and if not, talk to your local member or prospective candidate at the next election," Mr Corney said.
"Parliament is the place to change these sorts of things to meet community expectations regarding what sentences are imposed where the death of a four-year-old boy results from this course of action."
Blake's mother, Camille Jago, said her son's life could have been saved by technology such as mandatory autonomous emergency braking and electronic stability control. She called for the measures to be installed in heavy vehicles "sooner rather than later", and said road transport authorities should consider specifying sleep apnoea as a medical condition that affects people's abilities to drive safely.
"Sunday is Mother's Day. I don't get to hear, 'Happy Mother's Day', from Blake on Sunday or on any subsequent Mother's Day for the rest of my life," Ms Jago said.
"Blake would be six years old in a few weeks and instead he is forever four."
In sentencing Livas on Friday, ACT Supreme Court Justice David Mossop said no term of imprisonment could take away the pain Blake's family felt after his horrific death.
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He said Blake's case highlighted regulatory failings, but that did not detract from Livas' "systemic failure to take steps that a professional truck driver ought to have taken" by addressing and disclosing his health concerns.
Coronial proceedings into Blake's death are expected to begin once Livas' two-week timeframe for appeal lapses.
"To describe this case as a tragedy ... does not capture the raw suffering of this family," Justice Mossop said on Friday.
"[Blake's father] was confronted by the scene of his young son who had obviously died."
Justice Mossop cancelled Livas' driver's licence for at least 25 months, or until the court orders that it can be reinstated.