A Sydney driver who unwittingly failed to face court over a pedestrian's death almost two decades ago has been spared jail.
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Yucheng Huang, 54, changed his name and obtained a new driver's licence after hitting an elderly woman walking along a pedestrian crossing at Canley Vale, southwest of Sydney, in February 2003.
In Parramatta Local Court on Thursday, magistrate Kevin Hockey said the 81-year-old was dragged 16 metres down the road before his van came to a stop.
She was pronounced dead at the scene.
Huang, then 36 years old, told police he had been blinded by morning sunlight but admitted he did not slow down or pull down his sun visor despite previously having driven the road.
He was charged over the crash but was a no-show when ordered to appear in court that October.
A warrant was issued for his arrest but it wasn't until November 2019 that investigators were able to track him down.
More than 17 years on from the deadly crash, Huang was sentenced on Thursday after earlier pleading guilty to negligent driving occasioning death.
The court heard that at some point, Huang changed his name.
"It was done for reasons unrelated to the incident," his lawyer Jasmina Ceic said.
"He felt that it was an unlucky name in Chinese. He is a spiritual man."
Ms Ceic said her client could not recall receiving a summons by mail nor would he have been capable of comprehending it as he didn't speak or read English.
The magistrate accepted Huang never received the order and was unaware he was required in court.
"I don't suggest for one moment that that name change was to alleviate his responsibilities for this matter," Mr Hockey said.
"I accept that the delay was not intended by the defendant."
Ms Ceic said Huang was "ridden with guilt" over the crash and remained remorseful, writing a formal apology letter to the victim's family with his son's help.
Despite describing the incident as an "objectively serious offence", Mr Hockey opted not to impose the maximum penalty of 18 months' imprisonment.
He instead placed Huang on a nine-month intensive correction order and disqualified him from driving for three years.
"We have the unusual advantage, in this case, of seeing the next 17 years of his driving history and there has been no reoffending," Mr Hockey said.
"This is a tragic set of circumstances for the victim and the victim's family.
"It is also a very, very tragic set of circumstances for the defendant.
"I have no doubt that he has reflected many, many times on his driving and what occurred on this day."
Australian Associated Press