Tourist driver's appeal dismissed

Jing Cao in the dock at the Dunedin District Court.

The tourist driver that killed Oamaru 5-year-old Ruby Marris faces his first night behind bars after his appeal against imprisonment was dismissed.

Justice David Gendall found no fault with the 18-month jail term handed to Jing Cao (32), of China, earlier this year.

Cao's driving "bordered on gross recklessness'', Justice Gendall said during the sitting of the High Court at Dunedin this afternoon.

"The only fair conclusion one can reach is that the appellant's culpability was high.''

Cao had travelled more than 1300km, when he crossed the centre line in his rented Ford Ranger on State Highway 1 near Moeraki on February 21, and smashed into the Marris family's station wagon.

Ruby died at the scene and her parents suffered serious injuries.

The Marris' two other children, Georgia (9) and Sophie (7), suffered moderate injuries.

Justice Gendall said Judge Kevin Phillips had given "careful consideration'' when sentencing Cao and found the starting point (of 3 years and 3 months jail) and final sentence (of 18 months jail) were appropriate.

He "dismissed the appeal in its entirety''.

Cao was led away from the court by Corrections officers.

He sat silently through the hearing.

Cao was sentenced to 18 months' jail when he appeared before Judge Kevin Phillips in the Dunedin District Court on June 9, for dangerous driving causing the death of Ruby Marris.

An appeal against the sentence was filed the following day and he remained on bail while the appeal was heard.

In addition to the 18-month jail sentence, Cao was sentenced to nine months' jail (to be served concurrently) on each count of dangerous driving causing injury to the other four Marris family members as well as Cao's mother, who was a passenger in his rented vehicle.

He was ordered to pay $27,500 emotional harm reparation to the Marris family and further reparations of $34,390.