A seven-year prison term for a mentally ill man could not be overturned, despite judges acknowledging it was "disproportionately severe" and breached his rights.
Daniel Clinton Fitzgerald, 47, tried to kiss a stranger on Cuba St in Wellington and in the struggle made the unwanted contact on her cheek.
The woman's friend tried to intervene and Fitzgerald pushed her up against a shop window.
Convicted of the indecent assault and with two prior convictions for serious violent offences, the three strikes law required that the maximum penalty be handed down.
At sentencing, the Justice Simon France recognised the offending was at a level that would not usually result in prison time and that he had longstanding mental health issues.