After seven years of delays and an emotional criminal trial, a Victorian man who killed the child of his partner while felling a tree in southern Tasmania has been jailed until at least early 2025.
Joshua George Hector Clark, 40, was sentenced in the Supreme Court in Hobart on Thursday after he was earlier found guilty of the manslaughter of seven-year-old Akira Carroll.
Clark was collecting firewood in Mount Lloyd in August 2015 with his partner Sierra Lynd and her three children, including Akira, when he pulled over to fell a tree with a chainsaw.
The court heard he parked 22 metres away from the tree, which was 32 metres tall.
Clark's defence argued the tree was in a dangerous position, leaning on another tree, and Clark had carried out the felling for safety reasons. But the prosecution claimed he only wanted the firewood because he had previously driven away from lower-quality wood.
Clark failed to cut a wedge in the direction of the intended fall, and therefore lost control of it, the court heard.
Ms Lynd and the three children remained in the car when the tree started to fall towards them.
Clark yelled: "Get the f*** out of the car." Ms Lynd grabbed her toddler while Akira left the car himself, only to be hit on the head by the falling tree.
The ute was crushed, and Akira's younger sister, who remained in the car, suffered a broken collarbone.
Akira was flown to the Royal Hobart Hospital but died the next day.
The tree was in Forestry Tasmania's permanent timber production zone, but Clark did not hold a permit to harvest timber. An FT representative told the court such a permit would never be issued for that area.
A jury found him guilty of manslaughter in September.
'Devastating emotional and psychological effects'
The case had endured a range of delays.
First, Tasmania Police's initial file required more information from the Director of Public Prosecutions.
But when police filed again, it was incomplete.
By this stage, Clark had moved to Victoria.
Between February 2016 and July 2017, police "dubiously" claimed Clark could not be located, according to Justice Stephen Estcourt.
The file was eventually returned in September 2018 and a warrant was issued for Clark's arrest. He was extradited to Tasmania that week — three years after the incident.
Justice Estcourt said during those years, Clark would have believed he would not be charged.
The matter arrived in the Supreme Court in February 2019 and was ultimately delayed due to the pandemic.
And the trial took a toll on the families involved, as well as Clark, who – on day one of the trial – became inconsolable when the triple-0 call was played, resulting in an adjournment.
He had shown immediate remorse.
Justice Estcourt said the incident had "devastating emotional and psychological effects" on Akira's parents and the families.
He said Clark's actions were contrary to the usual way he would have felled trees, and he must be held culpable for Akira's death.
"He did cause death and he must accept responsibility for doing so," Justice Estcourt said.
Clark was sentenced to four years and nine months' imprisonment. He cannot apply for parole until he has served half the sentence.
He has already served two months.
Father 'happy with the outcome'
Speaking outside court, Akira's father Brett Carroll said it was a relief to finally reach the end of the criminal proceeding.
"A big weight on my shoulders has been lifted," he said.
"Seven years waiting, that's how old he (Akira) was — seven. He would be 14, 15 now.
"It's a lot of worry on my mind over the last seven years, [like] when is it going to end?
"I'm happy with the outcome. It's a lot more than I thought it was going to be, so definitely happy with that."
Other family members carried teddy bears and wore T-shirts in honour of Akira.
