The Solicitor General has decided not to appeal the sentence of former financial analyst Guy Hallwright who ran over a man in his car, despite saying it was "undoubtedly lenient".
Hallwright was sentenced by Judge Raoul Neave to 250 hours of community work, ordered to pay $20,000 reparation and banned from driving for 18 months after he hit Sung Jin Kim on Auckland's Mt Eden Rd in September 2010, breaking both of Kim's legs.
In a letter delivered to Kim in hospital where he is recovering from an operation on his legs, Deputy Solicitor-General Cameron Mander said he understood that Kim wanted Hallwright to receive a stronger sentence.
"But it boils down to the judge's factual findings in the case and unless the sentence is deemed manifestly inadequate we will not appeal the case," the Solicitor General's Office said.
"In this case the test has not been met and we cannot justify taking a case to the Court of Appeal and tying up more judicial resources. There are other avenues to deal with it."
During sentencing last month, Judge Neave referred to Hallwright's "spotless reputation" and "impeccable character".
He was widely criticised for the comments and the sentence handed down. But the Solicitor General said the comments did not justify an appeal. An appeal would have been considered a rare legal move.
Kim said he was disappointed by the Solicitor General's decision.
"I am still going to hospital two years later. There is no justice for me."
He is now considering whether to pursue civil action against Hallwright.
"This is not about money. I am still in hospital and he has never said sorry."
Kim said he was discussing with Auckland Council for Civil Liberties president Barry Wilson, how to take his case forward. Wilson had supported the Solicitor General's review of the sentence saying the case had reinforced the perception of a two tiered justice system.
Neither Hallwright or his lawyer Paul Davison were available for comment.
Hallwright left his job as a financial analyst for Forsyth Barr this month.
- © Fairfax NZ News