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Mingen He, who fled state after crash that killed paramedic Pauline Smith, learns fate in Victoria’s County Court

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A man who fled the interstate days before learning his fate for killing an off-duty paramedic faces deportation after being released from prison.

Mingen He was released on bail when he failed to appear previously of Victoria district court for his sentencing on Thursday.

He was arrested in Queensland and returned to Victoria on Tuesday.

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The 25-year-old pleaded guilty to one count of dangerous driving causing the death of Pauline Smith in a crash in May 2022.

Smith, a paramedic and former police officer, was returning home from a night shift when He veered into the wrong lane on the Western Hwy in Great Western, Victoria.

The Chinese national was sentenced to two years and four months in prison with a non-compensatory period of 16 months on Wednesday.

He drove erratically, swerving left and right on the road, speeding up and slowing down as he traveled to work on the morning of May 20, 2022, Judge Kelly Blair said.

In the moments leading up to the collision, he was driving at around 99km/h when his car veered left off the road while driving a bend, before correcting and losing control, crashing into the mother-of-three’s car.

Smith died at the scene from his injuries.

“Your poor driving prior to the collision in a 100km/h zone and your failure to stop or take corrective action increases the seriousness of your offence,” Mr Blair said.

“I do not think this is a case of momentary carelessness, but a serious example of the offense of dangerous driving causing death.”

On the spot, he was tested for alcohol and drugs, which were negative.

Mingen He killed off-duty paramedic Pauline Smith (pictured) then fled the interstate days before he was sentenced.Mingen He killed off-duty paramedic Pauline Smith (pictured) then fled the interstate days before he was sentenced.
Mingen He killed off-duty paramedic Pauline Smith (pictured) then fled the interstate days before he was sentenced. credit: Facebook/Ambulance Victoria

Defense lawyer Amit Malik said on Wednesday he had left Victoria and traveled to Queensland to work as a plasterer for four to five months so he could leave money for his family before returning to surrender and serve his sentence in prison.

The prosecutor said Toi’s decision to go into hiding was indicative of an attempt to thwart, rather than facilitate, the course of justice.

“Whilst the offender’s motives were altruistic in terms of financially supporting his family, it must be borne in mind that he was brought before a court, told that a custodial term was imminent and then absconded “said the prosecutor.

He believed he could make more than $40,000 and was arrested at a house where police found his brother-in-law’s work permit in his possession, the defense said.

“He intended to return to Victoria after starting work in Queensland to provide a safety net for his family and this was not an attempt to avoid a prison sentence,” Malik said.

Blair admitted Toi’s decision to go into hiding had exacerbated the grief of Smith’s family, who had to appear in court twice.

“The death of Pauline Smith has caused deep and profound grief to her family and all those who knew and loved her,” she said.

“By effectively shirking your responsibilities to the court, it reduces the weight I can place on your acceptance of responsibility for your wrongdoing and therefore the true level of your remorse.”

The court was told at his original sentencing that He’s wife reported him missing on November 25 after not seeing him for two days.

He surrendered his passport and was supposed to report to police three times a week, but failed to do so the week he disappeared, prosecutors said at the time.

Having already spent 65 days in pre-sentence custody, the judge accepted a doctor’s opinion that he suffers from depression and anxiety, which is likely to worsen in prison.

The 25-year-old, who has been in Australia since 2018, faces deportation once he is released.

His $10,000 bail bond was forfeited because of his disappearance.

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