Appeal lost over jail term for boy's tree-felling death

March 16, 2023 09:46 AM AEDT | By AAPNEWS
 Appeal lost over jail term for boy's tree-felling death
Image source: AAPNEWS

A man jailed for manslaughter following the death of a seven-year-old boy in a tree-felling accident has failed in a bid to have his sentence reduced.

Joshua George Hector Clark is serving four years and nine months behind bars over the incident in rural Tasmania in August 2015.

Akira Carroll died after being struck on the head by a tree being cut by Clark, who was collecting firewood.

Akrika, his mother Sierra Lynd and her two other children were sitting in a ute about 22 metres away from the tree, which was 32 metres tall.

The tree fell across the ute. Akira was rushed to hospital by helicopter and died the next day.

Clark, an experienced tree cutter, was found guilty of manslaughter by a jury in September and ruled to not have complied with his own safety standards.

He didn't cut a wedge or "back cut" into the tree and failed to park his usual 100 metres away.

Clark's appeal against the severity of the sentence, which carries a non-parole period of about 28 months, was dismissed on Thursday by Tasmania's Court of Criminal Appeal.

Justices Alan Blow, Tamara Jago and Shane Marshall unanimously ruled the sentence was not manifestly excessive.

Clark had argued sentencing the judge, Justice Stephen Estcourt, didn't give enough consideration to his conduct immediately after cutting the tree, including yelling "get out" to those in the ute.

His lawyer said Clark did "everything in his power" to assist and ensure medical attention arrived.

During sentencing, Justice Estcourt noted Clark was immediately remorseful and as a result of the incident suffers from post-traumatic stress disorder.

The judge said he took those factors, as well as delays in prosecution and the court process, into account when formulating his sentence.

Justice Estcourt said Akira's death had devastating emotional and psychological effects on his parents and wider family.


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