Kyle Sheldon was 25 when he was jailed last year over the 2011 crash, which claimed the lives of Zachary de Palma and Jeremy Booth.

The trio had stolen a 25-kilogram safe from an IGA store in Mudgeeraba before the crash, which occurred when the safe toppled on to Mr Sheldon's left arm while he was driving on Spencer Road in Nerang.

He used his right arm to try and free himself, taking his eyes off the road and crashing the Volkswagon Golf hatchback into the back of a parked truck.

Mr Sheldon had spotted the truck before the smash, and investigators believed did not apply the brakes before contact with the truck occurred.

The fatal accident happened two years after another deadly crash, when Mr Sheldon was drunk and veered onto the wrong side of the road, killing a motorcycle rider.

Mr Sheldon fled the scene of both fatal crashes.

However last week the Queensland Supreme Court ordered a re-trial over the 2011 incident on a legal technicality.

Mr Sheldon's lawyers successfully argued that the trial judge should have explained to the jury that a possible defence for the charge of dangerous driving was the "extraordinary emergency".

The defence can be used in moments of "sudden or extraordinary emergency" if a regular person "could not be reasonably expected to act otherwise".

Court of Appeal Judge Catherine Holmes ruled that not informing the jury of the defence "deprived [Sheldon] of a real chance of acquittal".

Fellow Court of Appeal judges Philip Morrison and Alan Wilson agreed with Justice Holmes.

Justice Holmes rejected several other appeal grounds made by Mr Sheldon's lawyers, including that evidence from a traffic consultant wasn't presented in the 2011 trial.

She ordered that Mr Sheldon's 2011 dangerous driving conviction be set aside and a new trial take place.

Mr Sheldon, who is also serving a prison sentence for the 2009 crash, could walk out of jail on parole in May 2016.