Tristan Marris says he is ''stoked'' Justice David Gendall dismissed Jing Cao's appeal against his jail term for causing the death of Ruby Marris.
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.
''Nothing is going to bring Ruby back,'' Mr Marris said after Justice Gendall released his decision yesterday.
''He can sit there and contemplate what he's done.''
Cao, who sat silently throughout the hearing - at times with his eyes closed and resting his face against his clasped hands, was led away by Corrections officers after Justice Gendall announced his decision.
During the court process, Cao had expressed his regret for killing Ruby and at his sentencing in June told the Marris family he owed them his life and bowed deeply towards the family to mark his remorse.
He had also written a letter of apology to the family, which Mr Marris said he had read.
''I won't forgive him for what he's done,'' Mr Marris said.
The 18-month jail term handed to Cao ''sets a standard and draws a line in the dirt''.
''People must obey the road rules in New Zealand,'' he said.
''Hopefully, this gets back to China.
''Let's hope this sentence discourages tourists from ignoring the road rules.''
Justice Gendall found no fault with the jail term handed to Cao at his sentencing in the Dunedin District Court on June 9.
Cao's driving ''bordered on gross recklessness'', Justice Gendall said.
Judge Kevin Phillips had given ''careful consideration'' when sentencing Cao and Justice Gendall found the starting point (of three years and three months' jail) and final sentence were appropriate.
He ''dismissed the appeal in its entirety''.
In May 2011, Parliament increased the maximum sentence for dangerous or reckless driving causing death from five years' jail to 10.
Justice Gendall said this had to be taken into consideration.
''Parliament has moved decisively to respond to the public's concern over the road toll.''
Cao's decision to cross the centre line ''involved a choice with catastrophic consequences''.
''This was not a case where a momentary lapse caused the appellant to veer to the other side of the road for a brief instant,'' he said.
''To consciously take this extreme risk with restricted vision as to what lay ahead, not just for a momentary lapse but for a significant period of time, must be seen as ... grossly negligent.''
Any sentence other than one of imprisonment would ''not properly mark society's condemnation in regards to this kind of offending''.
Cao had remained on bail since his sentencing on June 9.
An appeal against the 18-month jail term was filed the following day.
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.
Judge Gendall revoked Cao's bail.
When asked after the hearing if Cao would file an appeal with the Court of Appeal, defence counsel Anne Stevens said there was ''no indication'' yet.
Timeline
February 17: Jing Cao arrives in New Zealand with his partner and parents. He hires a Ford Ranger to tour the country.
February 21: Cao visits Moeraki Boulders; after turning on to State Highway 1 crosses centre line and smashes into Marris family's station wagon, being driven from Dunedin towards Oamaru. The Marris' youngest daughter, Ruby (5), dies at scene. Rest of family injured.
February 22: Cao charged with one count of dangerous driving causing death and five counts of dangerous driving causing injury.
March 5: Ruby's funeral held in Oamaru.
April 14: Cao pleads guilty to all six charges. June 9: Cao sentenced to 18 months' jail for causing the death of Ruby.
June 10: Cao appeals jail term.
Monday: Cao's appeal heard in the High Court at Dunedin by Justice David Gendall.
Yesterday: Justice Gendall quashes Cao's appeal and upholds jail term.
