THE man who killed good Samaritan Norman Olsen during a violent roadside assault does not deserve a shorter sentence, the Queensland Court of Appeal has ruled.
Mr Olsen, a Vietnam veteran from Tweed Heads, was critically injured in February 2016 while stopping thug James Darren David Callow from bashing a woman and her child on one of Toowoomba's busiest thoroughfares.
Mr Olsen and his wife were driving along Bridge St when they saw Callow trying to wrench his two-year-old daughter from his former partner's arms.
The woman was forced to the ground with the bub and Callow wrestled them both, still trying to pull the toddler into his possession.
Mr Olsen rushed to the victims' aid, grabbing the abusive man who responded by punching the older bloke in the face and kneeing him in the stomach.
Mr Olsen fell onto the edge of the road and his head slammed into the bitumen, causing an an unsurvivable brain bleed.
The 65-year-old's life support was turned off a day after the violet attack.
The entire assault was captured on CCTV.
Callow pleaded guilty to manslaughter and two charges of unlawful assault (domestic violence) in June this year and was jailed for eight and half years with parole after three.
However, the 23-year-old appealed the sentence, arguing it was "manifestly excessive".
Callow complained that Supreme Court Justice Peter Applegarth did not give enough weight to his lack of a criminal history, his remorse, his poor psychological health, his "deprived upbringing" and his attempts at rehabilitation.
During the trial, the court heard Callow attacked his former partner because a Cash Converters' loan application was refused and he was angry because he "had no cigarettes, no cones and nowhere to sleep".
"I told him not to touch me and to keep away from me," Callow told police shortly after the bashing.
"I, like, legit, man, all I did was push this old bloke.
"I told him not to touch me and to keep away from me."
In rejecting Callow's appeal, the judges said Mr Olsen's actions were "reasonable and admirable".
They said Callow had some mental health issues and he was exposed to violence as a child.
"(He) had a history of poor impulse control and was a young man who had developed maladaptive (aggressive) behaviour patterns and has low resilience to stress," they said.
The judges said Callow's background "justified some moderation on his sentence" and that Justice Applegarth had taken this and the other factors into account.