NZ man Heke sentenced to six years' jail

A New Zealander acquitted of manslaughter but convicted of Queensland's new one-punch law has been sentenced to six-and-a-half years' jail in a landmark decision.

Tamate Heke was found not guilty of unlawfully killing 50-year-old Shane Merrigan by a Brisbane Supreme Court jury on Thursday, but found guilty of an alternative charge of unlawful striking causing death.

The 38-year-old punched Mr Merrigan in the head during a roadside altercation on the Gateway Motorway on December 1, 2015, causing him to fall into the path of a 13.7-tonne rubbish truck.

Justice Peter Applegarth said during sentencing on Friday that because the law was so new, there was no precedent for someone who had first been cleared of manslaughter.

He questioned why it had not been listed as the primary offence when it required offenders to serve 80 per cent of their sentence behind bars.

"From Mr Heke's point of view, it's hard not to see unlawful striking causing death as the more serious count because of the consequences," he said.

"In retrospect he might have wished that the jury had found him guilty of manslaughter."

Defence barrister Joshua Fenton said his client was a hard-working man who had suffered a "two second brain explosion".

Justice Applegarth said although Heke's "punishing routine" of 12-hour factory shifts played a part in his response on the motorway that afternoon, it didn't excuse it.

"None of us would be here today and Mr Merrigan would still be alive if he and you had not engaged in bad behaviour on the road that afternoon," he said.

"Many of us have been upset by other drivers on the roads and we all have to try to not display our frustrations."

Justice Applegarth said Heke's response to Mr Merrigan's abuse and swearing was "completely excessive".

"The simple tragic fact in any case like this is that there has been a life lost and for no good reason," he said.

Mr Merrigan's daughter Megan told the court she found out her dad had died on Facebook.

"I've seen my sister's car in the picture, with a man beside it covered in blood," she said.

Ms Merrigan said she regretted her decision to go to the scene of the crash to check it was her father.

"I've suffered nightmares after nightmares almost every week since it happened," she said.

"Every time I close my eyes I get visions of the scene."

Mr Merrigan's wife Jennifer said following the sentence they had finally received justice after living a nightmare for the past 26 months.

"Violence needs to stop. It is not and never will be acceptable to punch another person," she said outside court.

"That one moment of anger causes a lifetime of pain for many people."

Heke will be eligible for parole after he's served about five years and one month behind bars, and will be deported to New Zealand once released.