A drink-driver who hit a pedestrian at nearly 80kmh has failed in a bid to have his prison term reduced.
Michael Jason Kapa (40) was jailed for 22 months when he was sentenced in the Dunedin District Court in April.
Last month, the defendant appealed his sentence in the High Court but the appeal was refused by Justice David Gendall in a decision released this week.
While Kapa did not dispute the fact he was imprisoned on the charges of drink-driving causing injury and possession of a weapon, he argued the term was ''manifestly excessive''.
On January 4, the defendant was driving his unwarranted, unregistered car on Melbourne St in South Dunedin.
The tyres of the vehicle were completely bald and Kapa later admitted to police he had been drinking home-brewed bourbon before getting behind the wheel.
At the same time, Shannon Blanch was walking along the footpath to the supermarket.
Kapa lost control as he rounded a corner at speed and smashed into the victim from behind.
The force of the collision threw Ms Blanch into the air.
''The moderately serious injuries suffered by the victim from his driving ... could well have proved lethal, but for the fact the appellant's vehicle came to rest only when it hit a power pole,'' Justice Gendall said.
It was Kapa's fourth conviction for drink-driving. The previous one was in 2009, for which he was also jailed.
Judge Kevin Phillips at sentencing took into account the crash came while the defendant was on bail.
In October, Kapa was celebrating his birthday with his partner with a drinking session which began at 9am.
Later that day, they began arguing and the defendant went into the hallway, grabbed his chainsaw and began revving it.
It was a frightening experience for Kapa's children, who were present, the court heard.
''Whilst no physical harm resulted, that in itself is not the basis of the charge,'' Justice Gendall said. ''Overall, this was comparatively minor offending, but it was not trivial, and its emotional consequences cannot be overlooked.''
Defence counsel Andrew Dawson argued Judge Phillips did not ''explain in any meaningful detail'' how he arrived at the start point in constructing the sentence.
He also claimed his client should have received more credit for his remorse and other factors.
The appeal judge disagreed.
''The final sentence imposed, although perhaps stern, was within range. I do not consider that the sentence is impeachable on these or any other grounds here,'' Justice Gendall said.
