Christchurch, Feb 8 NZPA - An act of forgiveness in court by his victim's widow has led to a home detention sentence for Phillip Kirkwood Hamilton who drove drunk and killed a cyclist in a hit and run smash.

The widow, Andrea Krueger, first spoke of her forgiveness as she read her victim impact statement at Hamilton's sentencing for the death of Jens Richardon, a German citizen who was living in Canterbury.

After saying that she was struggling with her faith and found it hard to pray, she said: "Our task is to live. I really hope and pray for you, Phillip. God bless you."

She gave him a hug as she passed the dock where he was standing for the Christchurch District Court sentencing on charges which he had admitted in November.

Judge Philip Moran said her statement was eloquent and powerful. "Reading it was a feat of great courage. I wish you well."

He found that the purposes of sentencing could be achieved without imprisoning 41-year-old Hamilton. "I was moved a great deal by the act of forgiveness I witnessed from Miss Krueger."

He imposed 12 months of home detention for Hamilton at a flat in the Christchurch suburb of Riccarton, and disqualified him from driving for three years.

Hamilton may later take part in a restorative justice conference with Miss Krueger, but he has been unable to offer a reparation payment for emotional harm. Defence counsel Craig Ruane said he had lost his job and the house he shared was being sold and there would likely be no equity available from the sale.

Miss Krueger said she was a 54-year-old German citizen who had lived in New Zealand since 2005. Her husband was studying for a PhD in agricultural science at Lincoln, and studying theology by correspondence.

She described their close and loving relationship.

She felt pity for the offender but got angry and upset about attitudes to drink-driving in New Zealand, she said.

She still had trouble sleeping and was a mess. She had to face each day lonely and alone. "My fear and pain and loneliness and tears seem never to stop."

Mr Ruane expressed Hamilton's sorrow and remorse. Hamilton had a previous conviction for drink-driving but it was 15 years ago.

Hamilton had been drinking during the afternoon at a tavern in Rolleston on August 6 and was seen slumped in his chair, apparently falling asleep, and stumbling from the bar.

He and his brother bought more drink at a liquor outlet and then drove home.

Mr Richardon was on a bicycle showing a reflectorised strip and flashing light, and he was wearing a helmet. Hamilton's car struck him from behind, killing him instantly.

Hamilton stopped but then drove on, knowing that he would likely be over the limit.

"You put your own self-interest ahead of the victim when you didn't know if he was dead or alive," said the judge.

Police found the car's number plate at the scene and went to Hamilton's home that night. He had a breath-alcohol level of 661mcg of alcohol to a litre of breath, but he had continued drinking at home.

He admitted charges of causing death by careless driving while under the influence of alcohol, and failing to stop and ascertain injury after an accident.

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