Amadeo Enriquez Ballestero, 45, was jailed for two and a-half years when he appeared in the Christchurch District Court in July.
Yesterday, his counsel Kirsten Gray argued the outcome was "manifestly excessive" and said the sentence should be reduced by at least six months, making home detention a possibility.
But the court heard Enriquez Ballestero’s support systems had "disintegrated" since his high-profile public shaming, and he no longer had a viable address.
Crown prosecutor Craig Power said irrespective of the length of the term, the only appropriate penalty was imprisonment.
"The appellant’s standing, his worth, his character led to trust being placed in him and it’s against that background that in fact the whanau and victim were duped by him and he was able to use the victim’s extreme vulnerability", he said.
Enriquez Ballestero, who gained prominence as a science educator at Tuhura Otago Museum, met his victim at a school interest group, gained the trust of the boy’s mother and frequently visited their home, the court heard at sentencing.
Over nearly three years, Enriquez Ballestero took the victim — often with others — on overnight trips around the South Island.
On several trips to the Catlins, he would sleep in the same bed as the boy and spoon him, court documents said.
More serious crimes also took place in the victim’s Dunedin home.
Enriquez Ballestero would climb into bed with the boy early in the morning and on numerous occasions kissed his arms, wrists, head and feet.
On one occasion he sucked the boy’s fingers before performing a more invasive sex act.
Enriquez Ballestero admitted some of the physical contact when confronted by police and said he loved the boy.
When forensic investigators analysed the defendant’s electronic devices, they found recordings of him abusing the boy among nearly 200 objectionable files.
Ms Gray yesterday said a combination of the sentencing judge viewing those crimes too harshly and a lack of acknowledgement of her client’s remorse and rehabilitative efforts resulted in an outcome that was too severe.
She stressed Enriquez Ballestero had undertaken 35 sessions with an "incredibly well regarded" psychologist before being incarcerated and had also completed 500 hours of voluntary work.
Those efforts, Ms Gray said, put him in a "unique category".
"The remorse is very real and has been demonstrated in quite exceptional ways in this case", she said.
Mr Power accepted some of the sentencing judge’s assessments may have been on the harsh side, but they were balanced out by his leniency in other areas.
Stepping back, he said, the sentence was within range and should not be adjusted.
Justice Jonathan Eaton said Enriquez Ballestero’s response since the sex crimes came to light had been "impeccable".
"I applaud everything he’s done. If we could have every child sex offender respond in this way we could make positive steps", he said.
While he reserved his decision on the merits of the appeal, he noted the significant impact the offending had had upon the victim.
There was no case in which Justice Eaton was legislatively barred from imposing home detention but "skin-on-skin touching, repeated, and video recording and saving is pretty close to that category of case".
The judge said he would release his decision in the coming days.
Enriquez Ballestero is currently in Rolleston Prison and will see the Parole Board in May next year.
rob.kidd@odt.co.nz , Court reporter
