A conviction of manslaughter will stand for Nicholas Rasberry in the death of Calgary teacher Craig Kelloway.
The Alberta Court of Appeal has dismissed appeals by both the Crown and defence in the case.
A 17-page written ruling was released Friday morning.
In dismissing the defence’s application for an acquittal the panel wrote, “it was reasonable for the Trial Judge to infer that the victim would have been largely, if not completely incapacitated before Rasberry stopped stabbing and slashing him.”
The decision later states, “there is no error of law in the finding that provocation provided a partial defence in this case, yielding a verdict of manslaughter.”
Kelloway was stabbed 37 times in Rasberry’s Auburn Bay home in May 2013.
Kelloway’s family told Global News on Friday they’re devastated by the news.
“We’re very disappointed,” Kelloway’s father, Harvey, said.
“I can’t believe the decision, the justice system is a mockery,” he added.
READ MORE: Calgary man who killed neighbour sentenced to 7 years in prison
The original trial judge found Rasberry was not acting in self defence, but also said he didn’t feel there was an intent to kill–and convicted him of manslaughter.
Last November, the prosecution asked the appeal court justices for a murder conviction, while the defence proposed Rasberry be acquitted.
Nearly two-and-a-half years after Kelloway’s death, Rasberry was convicted of manslaughter in the case. In December 2015, he was sentenced to seven years in jail.
With credit for time served, Rasberry was left with five years and four months in his sentence.
READ MORE: Nicholas Rasberry freed on bail pending appeal of manslaughter conviction
Rasberry’s defence lawyer has also filed a notice of appeal of his sentence.
That appeal has yet to be heard.
READ MORE: Family of murdered Calgary teacher says Nicholas Rasberry is ‘making a mockery of justice system’
Rasberry has been out on bail pending appeal.
Thursday marked the fourth anniversary of Craig’s death. His family spent the day at his graveside, laying flowers down in his memory.