An Adelaide cab driver's hopes of permanent residency in Australia could be dashed if he's jailed over running down and killing a pedestrian, a court had heard.
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Amanpreet Singh was recently found guilty of aggravated driving without due care over the crash on the six-lane Anzac Highway on a wet night in November 2017.
However, he was acquitted on a more serious charge of causing death by dangerous driving over the death of 61-year-old Manjit Dhadwal.
In sentencing submissions in the District Court on Monday, defence counsel Martin Anders said Singh profoundly regretted the crash and his contrition was clearly evident.
He said Singh pulled over immediately and cooperated fully with police.
The 32-year-old arrived in Australia from India in 2013 on a student visa and was currently on a bridging visa while he pursued an application for permanent residency.
"If he were to receive a period of imprisonment of 12 months or greater, suspended or otherwise, he would no longer be able to pursue a permanent residency application," Mr Anders said.
"But any period of imprisonment would be taken into account. The extent to which it will be taken into account, well that's not clear."
Mr Anders urged Judge Barry Beazley to refrain from imposing any jail time.
"The penalty of last resort is not required," he said.
But prosecutors said the impact on Mr Dhadwal's family was significant and Singh was not entirely candid with police during his record of interview.
The court also heard that where a death had occurred in relation to such an offence, a period of imprisonment should be imposed.
In finding Singh guilty earlier this month, Judge Beazley said he had been distracted by monitors in his cab and did not see the victim on the road before the impact.
But he said he should have been aware people might be crossing the road at that point because of a nearby bus shelter.
"This is not a case where the accused could not have seen the deceased," the judge said.
"He could have been seen, albeit closer to the point of collision, and notwithstanding his dark clothing and indeed the irresponsible decision to cross the road in his alcoholic state."
Judge Beazley said he was satisfied beyond reasonable doubt that the accused was distracted while driving and this distraction amounted to more than "mere inadvertence".
Singh will be sentenced at a later date.
Australian Associated Press
