Ching-Fu Yang appeared in Albury Local Court yesterday and pleaded guilty to a charge of negligent driving causing death.

A passenger in the vehicle driven by Yang is believed to have been unrestrained without a seat belt and was thrown from the car when it rolled.

Yang, 29, from Victoria, had his passport seized after being charged with the offence. His working visa was due to expire in March and he has remained in Australia with the case pending.

Magistrate Tony Murray ordered a pre-sentence report and adjourned sentencing until February 7.

Yang was employed in the Tumbarumba region picking blueberries in January and was staying at a hotel.

Each day he drove himself and friends to the work site.

He drove a Mitsubishi wagon to Tumut on January 14 to get items for a Chinese barbecue and was accompanied by four friends.

They began driving back to Tumbarumba along the Batlow Road and Yang closed his eyes for one or two seconds through tiredness. The car veered to the left side of the road and the front passenger alerted him.

Yang pulled the car back to the roadway, but crossed to the wrong side of the road as a car was approaching.

He attempted to swerve out of the vehicle’s path and struck an embankment on the western side of the road.

The wagon began rolling before coming to a stop and the rear seat passenger on the right side was ejected, landed on the embankment and suffered fatal injuries.

Police, ambulance and Volunteer Rescue Association members attended the scene with the other four occupants taken to the Wagga Base Hospital for treatment.

A crime scene was set up by police and Yang was later interviewed.

“I guess I was too tired and lost consciousness,” he told police.