Solicitor-General Mike Heron will not appeal a sentence handed down to former senior Forsyth Barr analyst Guy Hallwright.
Hallwright was sentenced to 250 hours' community work last month for running over the foot of Korean man Sung Jin Kim during an altercation in Mt Eden in September 2010.
He was earlier found guilty by jury of causing grievous bodily harm with reckless disregard.
Earlier this month, Mr Kim's lawyer, Dr Michael Kidd, said he would try and get the sentence appealed on the grounds it was not harsh enough.
Crown Law spokeswoman Jan Fulstow told NBR ONLINE the sentence will not be appealed.
"We can't take appeals to the Court to Appeal that we know we shouldn't be taking. It's just wasting the court's time."
She says they understand the sentence given to Hallwright is "undoubtedly lenient".
"But based on the factual determinations that were made by the judge, the sentence is not manifestly inadequate.
"That's the test the Crown has to make in order to successfully appeal a sentence."
A number of lawyers look through the case and the judge's sentencing notes before a decision is made by the Deputy Solicitor-General, Ms Fulstow says.
Ms Fulstow says it is up to the sentencing judge, who was Raoul Neave in this case, "to determine the factual circumstances upon which the offender will be sentenced".
"There was some evidential basis for the choice that the judge made for his interpretation of the facts, which was not inconsistent with the jury's verdict.
"An appeal court is constrained in its ability to go beyond the presiding judge's factual findings.
"That presents a significant obstacle to a successful appeal."
Hallwright was also ordered to pay Mr Kim reparations of $20,000 and was disqualified from driving for 18 months as part of his sentence.
He has also since left his job as a research analyst at investment firm Forsyth Barr.
Caleb Allison
Fri, 28 Sep 2012
Fri, 28 Sep 2012
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Solicitor-General decides on Hallwright victim appeal
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