The Thorold grandfather convicted in the death of his toddler grandson was sentenced to eight years in prison.

Brian Matthews was found guilty of manslaughter after a judge determined on July, 2015 Matthews was alone babysitting Kody and shook him causing a massive brain trauma that led to the toddler’s death.

The crown was asking for ten years, while the defense asked for five years or less.

When delivering his decision, judge Joseph Nadel said this sentence must reflect the revulsion of society against attacks on its most vulnerable members. Matthews has maintained the family’s dog jumped off the couch and knocked the boy over. While judge Nadel ruled that Matthews shook his grandson out of frustration.

Kody’s family has filed a lawsuit against Family and Children’s Services Niagara for giving custody of the child to Matthews. However, the organization says they can’t comment on why that decision was made.

In 1995 Matthews was convicted of abusing Kody’s father, Brett Smart. He was six months old at the time.

Matthews has already applied for an appeal on the manslaughter conviction. He’s also requested a bail hearing pending his appeal. That hearing will take place in Toronto next Wednesday morning.