The NSW Director of Public Prosecutions will appeal the sentence handed to Kieran Loveridge for the death of Thomas Kelly, on the grounds that it is manifestly inadequate.
NSW Director of Public Prosecutions, Lloyd Babb SC, announced his decision in a statement on Thursday night.
"No further comment will be issued in relation to this matter in light of the appellate proceedings," the statement said.
In the Supreme Court on Friday, Justice Stephen Campbell gave a minimum four-year sentence to Loveridge for the manslaughter of Mr Kelly in an unprovoked attack in Sydney's Kings Cross.
Manslaughter carries a maximum 25-year term.
There was a public outcry over the sentence.
Attorney General Greg Smith announced on Tuesday that he would introduce legislation to parliament next year for a new offence, similar to Western Australia's so-called "one-punch law".
He said he would not wait for the outcome of a possible DPP appeal before taking action to reassure the community.
The offence, which would carry a maximum jail sentence of 20 years, would apply to a fatal assault, even if the person does not intend or foresee the death.
