A 15-YEAR-OLD boy who helped kick a homeless man to death under a tree where he slept yesterday lost an appeal against his sentence.

The defendant cannot be named for legal reasons and was referred to as M during his failed Appeal Court challenge to his seven-and-a-half-year sentence.

M and a friend, both 15, jointly kicked and stamped George Akers, 59, to death during an unprovoked attack in St Cuthbert’s churchyard, Darlington, on the evening of June 11, last year.

Both boys were convicted of manslaughter at Teesside Crown Court in December after pleading not guilty to murder.

M asked Lord Justice Laws, sitting with Mr Justice Beatson and Mr Justice Foskett in London’s Criminal Appeal Court, to reduce his sentence, claiming it was over the top. His lawyers told the judges he had never had a father figure and suffered violence at the hands of his father.

They said that since his life has been given structure in the young offenders’ institution, he has made very good progress and his attitude to life has changed.

Condemning the offence and dismissing the application for permission to appeal, Lord Justice Laws said: “The deceased was harmless and the attack was entirely unprovoked. This defenceless man had done nothing to bring about this attack on him.

“This was a vicious, repulsive and cowardly crime. The sentence of seven and a half years was richly deserved and this application is refused.”

Speaking last night George Akers’ sister, June Akers, said the appeal was disgusting and claimed the original sentences were not long enough.

“I can’t believe it,” she said.

“They should be locked up for life for what they did to George.

“What did he do to deserve that? If only he could appeal against what they’ve done to him.

“He said he’s had a bad upbringing – well that makes no difference.

So do other people, but they don’t go round killing innocent people.”

Last year’s trial heard how Mr Akers suffered 35 separate broken bones during the savage attack by the two teenagers. All his ribs but one were shattered and he also had a fractured sternum.