Gary Andrew Dick (42), heavy truck-trailer driver, was sentenced by Judge John Strettell by audiovisual link in the Queenstown District Court on February 14 for causing the death of Mr Kohler on February 28, 2017 by carelessly using a motor vehicle in Chatto Creek-Springvale Rd while driving on the wrong part of the road.
Media were not present at the sentencing, and a transcript of Judge Strettell's decision was only released yesterday.
In it Judge Strettell said Mr Kohler's family had suffered a "significant loss" and the impact of Mr Kohler's death on them was clear.
Victim impact statements were not released publicly, but Judge Strettell commented on the victim impact statement of Mr Kohler's daughter, Antonia Kohler.
He said "it impressed me as being extremely balanced, not unduly emotional (and one can immediately understand as to why these things can be emotional), did not attempt to indicate the degree of sentence that should be imposed upon the defendant, and it recognised both the loss that the family had, the impact that the loss had, particularly upon her at a very difficult time and crucial time of her life, and brought home to the court, and I have no doubt to the defendant, the impact that this act of carelessness by him had upon third parties. It is a very valuable tool in the sentencing process and it does the victim [Miss Kohler] credit".
Judge Strettell said it was "never the intention of the court to in some way weigh the value of a life" in sentencing, but an emotional harm payment must be made to recognise the loss.
Police previously said at the time of the crash Mr Kohler was riding his motorcycle north on State Highway 85 towards Chatto Creek. Dick was travelling south towards Alexandra in an Isuzu heavy motor vehicle.
Intending to turn right on to Springvale Rd, he slowed down, indicated and began turning right, straddling the double yellow lines and encroaching into the lane in which Mr Kohler was travelling. Dick did not see Mr Kohler approaching, but was alerted by a passenger. Mr Kohler was unable to avoid the truck, and the two collided close to the centre line. Mr Kohler died at the scene.
Judge Strettell said in his February sentencing there was "no indication of any act of carelessness" by Mr Kohler.
He sentenced Dick to four months' community detention, ordered him to pay Mr Kohler's family $7500 in reparation, and disqualified Dick from driving for 12 months.
When approached last month for comment, Miss Kohler said she wanted to again thank the Alexandra community, particularly Dunstan High School, Central Otago Victim Support, Alexandra police "and everyone who stopped at the scene of the crash to try and help my dad".
