A man who fled the highway days before he would learn his fate for killing an off-duty paramedic faces deportation once he is released from jail.
Mingen He was out on bail when he failed to appear in Victoria’s County Court for sentencing on Thursday.
He was arrested in Queensland and returned to Victoria on Tuesday.
The 25-year-old had pleaded guilty to one count of dangerous driving causing the death of Pauline Smith in a crash in May 2022.
Ms Smith, a paramedic and former police officer, was returning home from a night shift when he turned into the wrong lane on the Western Highway near the town of Great Western, in regional Victoria.
The Chinese national was sentenced on Wednesday to two years and four months in prison with a non-parole period of 16 months.
He had been driving erratically on the morning of May 20, 2022, veering left and right on the road and speeding up and slowing down as he headed to work, Judge Kellie Blair said.
In the moments leading up to the collision, he was traveling at about 60mph when his car veered off the left side of the road as he navigated a bend before overcorrecting and losing control, crashing into the mother-of-three’s car.
A 25-year-old Chinese national has been sentenced to at least 16 months in prison after pleading guilty to dangerous driving causing the death of paramedic Pauline Smith (pictured)
Mrs Smith died at the scene from her injuries.
“Your poor driving prior to the collision in a 100 km zone, and your lack of action to stop or take remedial action, increases the seriousness of your offending,” Judge Blair said.
‘I do not regard this as a case of temporary inattention, but as a serious example of the offense of dangerous driving causing death.’
He was tested for drugs and alcohol at the scene, but these were negative.
Lawyer Amit Malik said on Wednesday he left Victoria for Queensland to work as a plasterer for four to five months so he could leave money for his family before returning to hand himself in and serve his prison sentence.
The crown prosecutor said He’s decision to abscond was indicative of an attempt to frustrate rather than facilitate the course of justice.
“Although the perpetrator’s motivation was altruistic in terms of supporting his family financially, it must be taken into account that he was charged, told that a prison sentence was inevitable and subsequently absconded,” the prosecutor said.
Believing he could make more than $40,000, he was arrested by police at a share house where officers found his brother-in-law’s work permit in his possession, the defense said.
Mingen He was driving about 99 km/h when his car left the road and crashed into the mother of three’s car (photo)
The death of Pauline Smith has caused deep and profound grief for her family, the court heard on Wednesday
“He intended to return to Victoria after working in Queensland to provide a safety net for his family, and it was not an attempt to avoid a prison sentence,” Malik said.
Judge Blair acknowledged that his decision to go into hiding compounded the grief of Ms Smith’s family, who had to appear in court twice.
“Pauline Smith’s death has caused deep and profound sadness to her family and all who knew and loved her,” she said.
“Effectively running away from your responsibilities to the court reduces the weight I can place on your acceptance of responsibility for your misdeeds and thus the true level of your remorse.”
The court was told at the date of his first sentencing that He’s wife reported him missing on November 25 after not seeing him for two days.
He had surrendered his passport and was required to report to police three times a week, but he had not done so the week he went missing, prosecutors said at the time.
Having already spent 65 days in pre-trial detention, the judge accepted a doctor’s opinion that he suffers from depression and anxiety, which would likely be exacerbated in prison.
The 25-year-old, who has been in Australia since 2018, faces deportation once he is released and has had a $10,000 bail bond forfeited over his disappearance.