Appeal off for killer driver

JOELLE DALLY | 10th March 2010

Authorities have decided not to appeal killer hit and run drink-driver Phillip Hamilton's home detention sentence.

Hamilton, 41, was sentenced in February to 12 months' home detention for the killing of cyclist, Jens Richardon, near Springston last August. He was also banned from driving for three years.

Many considered the sentence too lenient. On page A2, The Star publishes readers' letters.

Last week, Christchurch police revealed they had asked the Crown Law Office to investigate whether or not an appeal was possible.

But the Crown said there were no grounds for an appeal because the sentence could not be described as "manifestly inadequate".

Police told The Star they had asked the Crown to consider an appeal because the home detention sentence needed to be questioned.

South Island police legal services manager Ian McArthur said Mr Richardon's death was a matter of high public interest and "the sentence appeared light given the circumstances".

"He (Hamilton) was clearly drunk; it was a hit and run.

"He didn't stop. He didn't get assistance.

"There's a whole lot of issues there," Mr McArthur told The Star last week.

However, the Crown said Hamilton's sentence was within the framework of sentencing options available to the judge, Philip Moran, said Mr McArthur.

Judge Moran handed down the home detention sentence after Mr Richardon's widow, Andrea Krueger, hugged Hamilton in court after reading out her victim impact statement. Judge Moran said he had taken Ms Krueger's act into account when deciding on the sentence.

Police had sought from Judge Moran a starting point of 18 months' to two years' imprisonment.

Hamilton had consumed at least 10 pints of beer at the Rock Restaurant and Bar in Rolleston before the crash. He was seen slumped at the bar and had to be assisted out the door by his brother, who was a passenger in the car.

After hitting Mr Richardon, Hamilton stopped briefly before driving on. He did not call emergency services.

Police located Hamilton at his Southbridge home four hours after the hit and run. He was traced by his car licence plate, which was found at the scene.

Mr Richardson's widow, Andrea Krueger, has refused to discuss the appeal.