A West Coast driver who fell asleep and killed a cyclist faces a much longer self-imposed sentence than the community detention handed down today, says her lawyer.
Defence counsel Neville Higgison said that at the age of 63, Elina Vakarewa Macilquham had no previous convictions at all - not even a speeding ticket.
He said the three months community detention imposed by Christchurch District Court Judge Michael Radford was an appropriate sentence, and reflected the case's only aggravating feature.
"She made a poor choice to start out (to drive from the West Coast to Christchurch) having had very little sleep the night before," Mr Higgison said.
"She's going to sentence herself to a lot longer than three months," he said after the hearing.
Macilquham, from Ngahere, ran into cyclist Cathryn May Carr from behind on the Old West Coast Road, near Yaldhurst, at 11.37am on April 3. Ms Carr died in hospital two days later.
Judge Radford said the family's victim impact statement spoke of their sadness but also expressed pride that their family member was able to give life to other people through organ donations.
Macilquham had pleaded guilty as early as possible to the charge of reckless driving causing death.
The judge said the facts only just supported the charge of reckless driving. The accident had been a tragedy for the victim and the driver, who had led a blameless life until the crash.
"What has happened will be with her for the rest of her days," said the judge. "I think she is the sort of woman who will feel that way."
He also disqualified Macilquham from driving for 13 months and ordered that she pay $1257 to the insurance company for the smashed bicycle.
- NZPA
Driver who fell asleep, killed cyclist sentenced
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