Crim upset at refusal to allow CPAP sleep apnoea machine in cell
A snoring Frankston crim in custody for weapons, drug-driving and court breaches had to suffer “onerous” prison conditions after he wasn’t allowed to have a device in his cell to help him sleep — and it had other disastrous consequences for his health.
South East
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A snoring insomniac awaiting sentencing for weapons, drug-driving and a pushbike police pursuit has slammed prison authorities for not letting him have a sleep machine in his cell.
A court has heard Brett Jon Stringer has had to suffer “onerous” conditions while on remand because of his severe sleep apnoea and lack of access to a CPAP device.
The Frankston carpenter also gained 40kg in weight during his time in custody, which caused the magistrate to remark how good the “tucker” was in prison.
A CPAP machine provides aid for apnoea, which has been academically linked to weight gain, by using a hose and mask or nosepiece to deliver steady air pressure into a sleeper’s airways.
Stringer pleaded guilty to weapons, drug-driving and bail and community corrections order breaches at Frankston Magistrates’ Court yesterday.
The court heard Stringer’s car was pulled over by police in the early hours of October 15, 2018, in Tyabb because the registration had been cancelled.
He tested positive on a preliminary drug test, but repeatedly refused to provide a full evidentiary sample.
On May 5 last year about 3am, officers pulled over a car in Carrum Downs with Stringer as the passenger.
He had a bag which contained a knife inside a homemade sheath and a large metal bolt with a foam handle that had been fashioned into a stabbing-type weapon.
He told police he had them because he says he suffered PTSD from when he had been stabbed, and “those that did it are still out there” so was fearful for his safety.
He also failed to appear in court in October last year.
In a bizarre set of circumstances about 9pm on January 4 this year, police next came across Stringer riding a pushbike without wearing a helmet in Frankston.
He tried to pedal off but was caught a short time later after a very slow police pursuit, and remanded into custody.
His defence lawyer told the court Stringer had already spent 191 days in custody which had been particularly difficult for him because of his sleeping problem.
She said he had repeatedly requested his CPAP machine be allowed in his cell but was denied, which caused him stress, extreme tiredness and led to his large weight gain.
She said while he did have a criminal history these offences were not at the serious end of the scale.
Magistrate Ross Betts said the sleep machine situation was unusual and may well be a concern for Stringer, but he had violated court orders in the past and these charges deserved jail sentences.
“There must be good tucker in there (prison),” Mr Betts said.
“They are serious charges, (the breaches) are not the first time he has been before the court for this similar type of offending.
“Safety notices are expected (by the courts) to be complied with.”
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Stringer was jailed for a total of six months, but as he has already served 191 days in custody, he walked free.
He was also disqualified from driving for two years and fined a total of $2500.