A LORRY driver whose vehicle's hydraulic arm scythed down and killed a boy is to appeal against his conviction and sentence.

Michael Marsh, 47, was jailed for two years last month at Winchester Crown Court after he was found guilty by a jury of causing death by dangerous driving.

The trial heard that Marsh, of Ashleigh Close, Hythe, had failed to check that the hydraulic arm on his vehicle was safely stowed.

It slid out and struck Daniel Beveridge, 13, as he walked home from school in Titchfield Road, Stubbington, near Fareham, in May 2000.

Sentencing, Judge Keith Cutler said the oversight was so serious that only a custodial sentence was justified.

He told Marsh: "Drivers of heavy lorries bear a heavy responsibility. Society expects and trusts them to comply with all the necessary safety procedures."

David Lawrence, of Hythe-based solicitors Eric Robinson and Co, who represents Marsh, said he viewed the sentence as harsh.

"There have been a number of sentences just lately which resulted in sentences not much different to this but with aggravating features that were not there in Marsh's case."

Mr Lawrence particularly referred to the case of Totton woman Charlotte Frankham, 19, who killed four passengers in a car crash after taking ecstasy and only having four hours sleep in the previous 42 hours. She only received a two-and-half year sentence after she admitted four counts of causing death by dangerous driving.

This week Southampton woman Jane Boyd who took heroin and then crashed killing her daughter received a suspended sentence.

Mr Lawrence said his client was also considering an application for bail pending the appeal.

He said the appeal against conviction could not go against the jury's decision. However there may have been a misdirection by the judge which might make the verdict unsafe.

Mr Lawrence said he saw Marsh in Winchester Prison on Friday morning.

Mr Lawrence said: "He told me he is bearing up as best he can although obviously he would rather not be there. He is putting a brave face on.

"He believes the sentence he received was excessive. One has to remember that he too has a wife and family"