Philip Arps was jailed for 21 months in June for distributing the video and is appealing against his sentence for a second time.
His lawyer, Anselm Williams, told the Court of Appeal in Wellington this morning that Arps acknowledged he crossed a line, but took steps not to share the video further.
“The decision to not distribute it any further once he heard that that was something that would be illegal.
“That in my submission is an important factor in this case,” he said.
Anselm Williams said Arps’ sentence should have been home detention.
However, the Crown argued the prison term was an appropriate sentence and said it verged on the lighter side.
The court has reserved its decision.