Tomas Klamo, 24, has been in jail since April 23 last year after admitting he shook his crying son Izaiah in July 2005.
He told police he was "a little pissed off" with his child, but said the shake was "nothing too full-on".
The baby died about a week later from a brain haemorrhage at Sunshine Hospital in western Melbourne.
At the time, the jury took less than a day to find Mr Klamo guilty of his son's manslaughter.
He was sentenced to two years jail.
"I've been wrongly accused, obviously, and how can you [the jury] make the verdict that quick?'' Mr Klamo protested from the dock at the time.
However, the Court of Appeal decided today that there was insufficient evidence to suggest the shaking incident was the cause of death.
While a doctor's report found the cause of death was brain injury, it stated there was no other signs of damage caused by shaking.
Only(?) Two years jail??? !! WTF ! is this law system on about ?? !! They should shake him just a little bit, "nothing too full on" so he hemorrhages from the brain too, suggestion 20g of force from either side. Pity there is no screening process for TpT breeders.
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