John William Fisher sought leave to appeal his sentence for aggravated assault, possession of a weapon for a dangerous purpose, and carrying a concealed weapon without authorization.
The appellant argued the sentencing judge failed to consider the impact on his family and erred in finding the attack unprovoked.
The Court of Appeal found the sentencing judge was aware of collateral impacts and that the finding of an unprovoked attack was supported by surveillance video evidence.
The court reiterated that its role is not to reweigh aggravating and mitigating factors.
Leave to appeal was granted, but the sentence appeal was dismissed.
