A fisherman who shot at a carload of fleeing burglars in a remote Wairarapa settlement has lost an appeal against his conviction and sentence.
Garth Gadsby, of Ngawi, was convicted of recklessly discharging a firearm in September 2006.
In May, the 61-year-old was ordered to pay a fine of $3000 and give up his gun.
Gadsby's lawyer Paul Surridge argued that Judge Jan Kelly made errors in her summing up and in answering questions from the jury.
He also said she wrongly admitted the evidence of a police firearms expert.
Mr Surridge said Judge Kelly should have exercised a discretion in Gadsby's favour with a discharge without conviction, given his community-mindedness, the lawlessness of those involved and the fact no one had been hurt.
However, the Court of Appeal says Gadsby's offending was rightly characterised as moderately serious and the consequences of a conviction for him were unexceptional.
The court dismissed the appeal against his conviction and sentence.
