Christopher McGrath, 28, was travelling at up to 147km/h on January 13, 2016, after a drinking session.

He crashed into Andrew Watkin’s oncoming Proton on Gooramadda Road at Gooramadda about 4.40am. 

Mr Watkin died at the scene.

McGrath’s passenger Samuel Petrie had a fractured ulna, collapsed lung, broken ankle, broken wrist and a fractured kneecap.

McGrath received a broken clavicle and had a mild to moderate brain injury, and returned a reading of .083 nearly two hours after the crash.

He was sentenced to a minimum six years in jail, with a maximum term of eight years and nine months, in Wodonga last April.

His licence was also cancelled for a decade. 

He appealed the sentence, which was dismissed in the Supreme Court at Melbourne on Friday.

The 28-year-old had argued there was a miscarriage of justice as sentencing judge Geoffrey Chettle did not allow him to adjourn the plea hearing.

His legal term sought to tender a neuropsychological report, which has since been made available.

It had been argued that the report was not able to be tendered before the sentence was handed down, which had affected the outcome. 

McGrath said that while he deserved to serve time in jail, he felt he had “ been unfairly dealt an excessive sentence”.

While the appeal judges found Judge Chettle’s refusal to adjourn was wrong, a shorter sentence should not be imposed. 

“(The) message must be that no matter who is driving a car the community will not tolerate driving by a person under the influence of alcohol or driving at excessive speed,” justices Phillip Priest and Robert Osborn said. 

“The tragic consequences of the appellant’s behaviour graphically demonstrate the need for ongoing deterrence of similar conduct.”

He will be eligible for parole in 2023.