A diabetic motorist who killed a cyclist after ploughing into the back of his bike while suffering a hypoglycaemic attack has been jailed for 15 months and banned from the road for 20 YEARS.

Charles Maxted, 53, was said to be “unaware” of the effect his low blood glucose level was having on him when he struck the rear of Graham Epps' bicycle on the coastbound carriageway of the A2 at Dunkirk on August 3, 2012.

The bike broke in two and the 29-year-old IT worker, who was wearing a helmet and high visibility jacket, hit the bonnet of Maxted's Vauxhall Meriva before landing in the road.

Mr Epps, of Claremont Place, Canterbury, had just joined the carriageway from a slip road and was cycling on a verge at about 7.40pm. He died at the scene.

Maidstone Crown Court heard that minutes before the fatal collision, other motorists saw Maxted swerving across the carriageway.

Even after impact, Maxted continued to veer over to the central reservation before coming to a halt in the nearside lane.

Police officers, who arrived at the crash, described him as being "slightly vacant, very confused and unaware of where he was".

He also took time to recall his name and address and when asked what had happened replied: "I can't remember anything. It's frightening."

Prosecutor Simon Taylor said the club secretary of Milton Regis Golf Club in Sittingbourne could not recall leaving his home in Whitstable or how he came to be on the A2.

It was only when he noticed his smashed windscreen that he asked whether he had hurt anyone.

Paramedics treated Maxted, who was diagnosed with type 1 diabetes in the 1990s, at the scene and his blood glucose level was said to be three.

A normal reading is five and those suffering from diabetes are advised not to drive if their reading is less than four.

Although the police investigation revealed Maxted had left work that day telling colleagues he felt unwell, and his wife noticed once at home that he was shaking involuntarily, it was later concluded that Maxted had "unknowingly drifted" into a hypoglycaemic attack.

As a long-term diabetic, he had also become “hypoglycaemia unaware” - when sufferers "partially or wholly" lose the usual symptoms associated with an attack.

The court heard that because of his diabetes, Maxted, of Glen Walk, Yorkletts, was required to renew his driving licence every three years.

However, the court heard that while guidance from DVLA advised that motorists kept their blood glucose testing kit with them at all times, Maxted was said to have "habitually" kept his at home.

Furthermore, the guidance - which Maxted had been given as a matter of course - states that drivers should test their sugar levels before every journey, no matter how short, and every two hours on long journeys.

However, although Maxted self-declared on a licence application form that he monitored his blood glucose before driving, the DVLA advice differed to that given to him by his GP.

His opinion was to only test before long journeys otherwise patients would be “doing it all the time”.

The court also heard that on the evening of the fatal collision he had embarked on three car journeys but could not recall ever testing his blood glucose levels.

Jailing him, Judge Jeremy Carey said: "I have no doubt on the evidence that had you checked your blood sugar levels prior to commencement of any of those three journeys they would have shown a level below the required level for safe driving."

He added that his complaints to his work colleagues about feeling unwell and the observations made by his wife were "not coincidence but attributable" to his diabetic condition.

Maxted admitted causing death by dangerous driving and sat throughout the hearing shaking and looking bewildered.

After imposing sentence, Judge Carey expressed his concerns over the “plain diversion” in the advice given by DVLA and doctors and called for a “consistent approach”.

"No sentence however long, no explanations from this court, no genuine remorse on the part of the defendant can do anything to make good the tragedy which occurred that day..." - Judge Jeremy Carey

“Mr Epps’ family has asked that something positive comes from this tragedy and if that is to be I hope that it is a recognition on behalf of those responsible for advice given by GPs that there must be consistency of approach between DVLA and practitioners.”

When interviewed by police after the collision Maxted said he would not have driven if he had felt ill. But he could not recall whether he had eaten that evening or had had his insulin injection.

Mr Taylor told the court the prosecution case centred on Maxted's poor management of his condition and his failure to undertake the necessary blood glucose monitoring required.

Danny Moore, defending, said there was no evidence to suggest that Maxted had suffered such a hypoglycaemic attack while hypoglycaemia unaware before that evening.

He added that the attack occurred without warning and was one Maxted “drifted into” while at home, and before setting out on his third, and fatal, journey.

"This is not the case of someone who drove knowing there was a substantial risk because when he got in the car he didn't know he was about to have a hypoglycaemic attack. He was unaware.

"He might have been aware of the risk had he complied with the DVLA guidance....which is not the advice given to him by his own expert."

The court heard that 10 days after the collision Maxted suffered an insulin overdose, resulting in brain damage.

Mr Epps, who lived with his girlfriend Melanie Smith, worked at Oakleigh Manor in Dargate for six years. His family, including Miss Smith, were commended by the judge for the dignity they had shown throughout court proceedings.

“Nothing that happens today is going to restore Graham Epps to his loving family,” he remarked.

“No sentence however long, no explanations from this court, no genuine remorse on the part of the defendant can do anything to make good the tragedy which occurred that day and which deprived the Epps family – parents, grandparents, partner and all those who undoubtedly loved him, liked him, admired him.”

Victim impact statements were read by the judge but not made public. However, he referred to how the family had “expressed themselves strongly in their grief but not sought any kind of retribution or vengeance”.

Judge Carey also said that although those convicted of causing death by dangerous driving usually received substantial prison sentences, the Court of Appeal had ruled that the tariff should be less severe in cases such as Maxted’s.

But he said that while the married grandfather had shown genuine remorse, was a man of impeccable character and suffered fragile health, immediate custody was inevitable.

“The sentence would have been far, far longer had it not been for the particular circumstances of this case and no one listening to it or reading about it in due course should think it reflects anything less than a wholly exceptional circumstance,” added Judge Carey.

"Our Graham's death was most certainly an avoidable one. The ripples of the events from that evening were felt all around the world..." - Graham Epps' family

Maxted was originally told by the Crown Prosecution Service he would not be charged in connection with the crash.

Mr Epps' mother Sarah-Jane Turner later spoke of her frustration at the decision and the case was eventually reviewed.

Six months after the initial CPS decision, Maxted was handed a written summons and charged.

He originally pleaded not guilty but changed his plea in September this year after medical evidence was examined.

After the sentencing, Inspector Martin Stevens from Kent Police said: "Maxted, a type one diabetic for most of his adult life, had been significantly lax in his daytime testing regime.

"The sentence imposed should serve as a reminder to all driving licence holders that the consequences of driving when not fit all are truly devastating."

In a statement, Mr Epps’ family added: "Our Graham's death was most certainly an avoidable one. The ripples of the events from that evening were felt all around the world.

"It is every driver’s responsibility not only to drive safely but to ensure they are fit to be behind the wheel before they drive.

"In our Graham's case tragically this did not happen. That evening Graham was given a life sentence, no sentence given to the driver involved would ever change the events of that evening.

"However, some things can and must change. Drivers with medical conditions have to be 100 per cent sure they are fit to drive before they get behind the wheel - something that is expected of all drivers no matter what their circumstances.

"A driving license is a privilege, not a right. We ask that all drivers respect that privilege.

"The complacency of one driver’s actions that evening could so easily have been far more severe. So many lives are deeply affected by one such event, lives that will never be the same. We want to prevent this happening to others.

"In Graham's memory, we wish to raise awareness, so that one good thing can come from this tragic event.

"We want to say publically that all drivers with diabetes must check their glucose levels before every journey and not think that it doesn’t matter or rely on that they ‘feel ok’, because it certainly does matter. The consequences of not testing resulted in the death of Graham."