The four month sentence for a man who drove his SUV into a restaurant patio, leaving a two-year-old boy dead, was extended Wednesday following an appeal by the Crown.

Richard Suter, 65, was charged after a May 2013 crash where Suter crashed his vehicle into the patio of a south Edmonton restaurant where the Mounsef family was eating dinner 2-year-old Geo Mounsef was killed.

Suter pleaded guilty to a charge of failing to provide a breath sample in a death, a relatively new criminal offence that carries a maximum life sentence.

In the appeal, Crown Prosecutor Joanne Dartana called Suter’s four month sentence for the charge “extremely lenient”, going on to say “he made the deliberate choice to save his own skin instead of complying with the law.”

“The crime of refusing to provide a breath sample after causing a collision resulting in death must be viewed as equally morally blameworthy as impaired driving causing death,” Dartana said.

“The four months was ludicrous, it was a blatantly biased decision by a judge that, I’m still scratching my head how he could come up with that sentence,” Livio Fent, Geo’s grandfather, said.

Wednesday’s decision means Richard Suter will now serve more than five times his original sentence of four months. The sentence was extended to 26 months.

Despite the extension, George Mounsef, the toddler’s father called the decision a “hollow victory”, years after his son’s death.

“I’d say more of the victory the appeal court pointed out the many errors Judge Anderson made in his decision and we felt that decision was very biased, extremely biased,” Mounsef said. “So to have the appeal court stand up and say that brought some satisfaction to our family.”

The written judgement had said Suter should not have been driving because he had been drinking, had medical issues, and was fighting with his wife at the time, which caused him to be distracted. The Appeals Court also ruled Suter knew he was breaking the law by not giving a breath sample and that he wasn’t acting on bad legal advice, as the original judge had suggested.

Suter was sentenced in December, and was released after serving his original sentence in May.

Suter’s sentence also included a 30 month driving prohibition, which Suter tried to have reduced, but that appeal was not granted.

Suter’s lawyer Dino Bottos spoke to CTV News following the decision, and said he was disappointed, saying the court appeared to “rework” some of the evidence.

Bottos said he and his client are considering their next move to possibly take the case to the Supreme Court of Canada.

Now that his sentence has been extended, Suter has three days to turn himself in to police. Suter will also have credit for time served, so he will serve another 22 months behind bars.

With files from Breanna Karstens-Smith