Bay of Plenty Times
  • Bay of Plenty Times home
  • Latest news
  • Business
  • Opinion
  • Lifestyle
  • Property
  • Sport
  • Video
  • Death notices
  • Classifieds

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • On The Up
  • Business
  • Opinion
  • Lifestyle
  • Property
    • All Property
    • Residential property listings
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
  • Sport

Locations

  • Coromandel & Hauraki
  • Katikati
  • Tauranga
  • Mount Maunganui
  • Pāpāmoa
  • Te Puke
  • Whakatāne
  • Rotorua

Media

  • Video
  • Photo galleries
  • Today's Paper - E-Editions
  • Photo sales
  • Classifieds

Weather

  • Thames
  • Tauranga
  • Whakatāne
  • Rotorua

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / Bay of Plenty Times

Driver who killed Tauranga motorcyclist has jail term quashed

Corazon Miller
By Corazon Miller
Reporter·NZ Herald·
19 Aug, 2016 06:40 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
Jieling Xiao had pleaded guilty to causing death of Rhys Middleton when she lost control of car and hit him on February 7. Photo / File

Jieling Xiao had pleaded guilty to causing death of Rhys Middleton when she lost control of car and hit him on February 7. Photo / File

The parents of the Tauranga motorcyclist who died after an inexperienced foreign driver veered into his path want her to do her time, before leaving the country.

Jieling Xiao, 27, a Chinese national, caused the death of Rhys Middleton, 23, in the Waitangi Weekend crash.

She pled guilty to a charge of dangerous driving causing death and in June was sentenced, at the Napier District Court, to 17 months in prison.

This week her appeal for a reduction in the sentence was successful and she was given the lesser sentence of nine months' home detention and 150 hours' community work.

Rhys Middleton died in a motorcycle accident at Eskdale in Hawke's Bay. Photo / File
Rhys Middleton died in a motorcycle accident at Eskdale in Hawke's Bay. Photo / File
Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Middleton's parents feared she'd now be deported from the country without completing her sentence.

Judy Richards said it wasn't fair she'd been robbed of a son, while Xiao got to return home to her family.

"Rhys would have been turning 24 on the 15th of September. Jieling gets to go home to her family and live out the rest of her life.

"We will all be suffering for the rest of ours," she said. "It is sometimes too much to bear."

Advertisement
Advertise with NZME.

Mike Middleton said he could never forgive Xiao for getting on the road, knowing she wasn't a good driver.

"The cops said she would never have made Taupo, without killing someone or herself," he said. " I don't call it an accident."

Richards and Middleton both wanted Immigration New Zealand to ensure those who committed a crime served their time before being deported.

"It doesn't matter who you are, you got to do your time," Middleton said.

Discover more

New Zealand|crime

'Grossly incompetent' tourist driver jailed

16 Jun 11:05 PM
New Zealand|politics

Hundreds of criminals deported home

23 Oct 11:39 PM
New Zealand

Motorcycle gathers dust after crash

08 Jan 09:54 PM

Richards said if Xiao was truly remorseful she'd not have appealed her sentence.

"If I'd killed someone in another country I'd expect to do the time," she said. "She needs to take ownership of what she's done and show some remorse.

"Why should she get away with it? She killed a young man, a son and brother who was in the prime of his life. What price do we put on the life of a loved one?

"We need to get immigration to allow these people to serve their home detention," she said. "Because at the moment my understanding is if they do a crime, they get served notice and then they get a free ticket home."

On Tuesday, Xiao's lawyer appealed her prison sentence on the basis that it was her inexperience not "dangerous driving" that led to the crash.

In a decision released today, Justice Jillian Mallon granted the appeal and reduced Xiao's sentence to nine months' home detention and 150 hours' community work.

Advertisement
Advertise with NZME.

While Mallon agreed with the judge who'd delivered the initial sentence that deterrence was necessary - she felt home detention was more appropriate.

She said the preceding judge's concerns that the Chinese woman would be deported should not have had any bearing on the final sentence, but rather that it was the gravity of her actions that should have been taken into consideration.

Mallon said given Xiao, who had no prior convictions, had shown remorse, offered reparation and was considered to be at low risk of reoffending, home detention was more appropriate.

She added while Xiao should have known her driving was not safe, it seemed she was unaware she'd be putting other drivers at risk.

The judge said Xiao had also taken steps to account for her own lack of experience and confidence, by reading the road code, practising driving around town and practising driving on the open road the day before the crash.

Furthermore Mallon said there were no other aggravating features, such as aggressive driving, or alcohol or drugs, which often arose in a charge of this kind

Advertisement
Advertise with NZME.

"It was a case of inexperience and a lack of awareness of the dangers arising from that inexperience."

Therefore she quashed the jail sentence and taking into account the time already served in prison, reduced Xiao's sentence to nine months' home detention and 150 hours of community work.

Save
    Share this article

Latest from Bay of Plenty Times

Bay of Plenty Times

'You'll do': How a fateful interview led to a 25-year principalship

Premium
Bay of Plenty Times

Tauranga's 'massive' week: Record-breaking Aims Games 2025 wraps

Bay of Plenty Times

Ōhope's most expensive home? Bach by NZ's best beach has expats excited


Sponsored

NZ’s convenience icon turns 35

Advertisement
Advertise with NZME.

Latest from Bay of Plenty Times

'You'll do': How a fateful interview led to a 25-year principalship
Bay of Plenty Times

'You'll do': How a fateful interview led to a 25-year principalship

Craig Haggo has retired after 25 years as Pongakawa School principal.

05 Sep 11:02 PM
Premium
Premium
Tauranga's 'massive' week: Record-breaking Aims Games 2025 wraps
Bay of Plenty Times

Tauranga's 'massive' week: Record-breaking Aims Games 2025 wraps

05 Sep 06:00 PM
Ōhope's most expensive home? Bach by NZ's best beach has expats excited
Bay of Plenty Times

Ōhope's most expensive home? Bach by NZ's best beach has expats excited

05 Sep 06:00 PM


NZ’s convenience icon turns 35
Sponsored

NZ’s convenience icon turns 35

02 Sep 09:23 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • Bay of Plenty Times e-edition
  • Manage your print subscription
  • Manage your digital subscription
  • Subscribe to Herald Premium
  • Subscribe to the Bay of Plenty Times
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • Bay of Plenty Times
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP