Killer driver appeal on cards | Canterbury News | Local News in Canterbury

Killer hit and run drink-driver Phillip Hamilton's surprise home detention sentence could be overturned if the Crown believes it has grounds to appeal.

Hamilton, 41, was last month sentenced to 12 months' home detention and disqualified from driving for three years for killing Lincoln University student Jens Richardon as he cycled home to Springston in August last year.

The sentence drew a strong public reaction, with letters flooding newspapers.

Police had sought from Judge Philip Moran a starting point of 18 months to two years' imprisonment for Hamilton, who drank about 10 pints of beer and was seen slumped at the Rock Restaurant and Bar in Rolleston shortly before he killed Mr Richardon, a PhD student from Germany.

Police told The Star this week they have asked the Crown Law Office to see if it is possible to lodge an appeal against the home detention sentence.

South Island police legal services manager Ian McArthur said Hamilton's sentence was "certainly one that had to be questioned."

Mr Richardon's death was "a matter of high public interest," said Mr McArthur. The sentence "appeared light given the circumstances."

"He 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 said.

He said police rarely sought an appeal. It happened only if it was believed a sentence was "manifestly inadequate" when compared to general sentencing principles.

When Judge Philip Moran sentenced Hamilton to home detention, he said he had taken into account Ms Krueger's surprise act of forgiveness towards Hamilton at the sentencing.

She hugged Hamilton and kissed his cheek after reading a heart-wrenching victim impact statement to the court.

Hamilton, who is serving his home detention at a flat in Riccarton, would not talk to The Star yesterday.

Mr Richardon's widow, Andrea Krueger, refused to discuss the appeal bid.

Hamilton recorded a breath alcohol reading of 661 mcg/L when police found him at his Southbridge home four hours after the crash.

Hamilton, whose brother was a passenger in the car, and had been drinking with him at the Rolleston bar, stopped only briefly after striking Mr Richardon. He did not call emergency services. A passer-by found Mr Richardon a short time later.

Police traced Hamilton because his licence plate, torn off on impact, was found at the scene.

Meanwhile, the police hope to soon start investigating the actions of liquor outlets who sold alcohol to Hamilton on the day of the hit and run. Sergeant Al Lawn, of the Alcohol Strategy and Enforcement Team, said the inquiry would focus on staff at The Rock, as well as other premises in Rolleston that sold alcohol to Hamilton and his brother.