Ben Smith, right, was found guilty of manslaughter and faces up to 25 years behind bars for killing Steve Jarvie, left. Photo / Supplied / Facebook
Ben Smith, right, was found guilty of manslaughter and faces up to 25 years behind bars for killing Steve Jarvie, left. Photo / Supplied / Facebook
A cyclist hater has been sentenced to eight years' jail after he killed a Sydney pushbike rider while on bail and a good behaviour bond for a string of other crimes.
Today Ben Smith, 27, was sentenced to a non-parole period of 5-and-a-half years for the manslaughter of father-of-three SteveJarvie who was left to die on the side of the Old Pacific Highway at Cowan, north of Sydney, in February 2013.
But before Judge Mark Buscombe read out Smith's sentence, he revealed his criminal history which showed he has been caught twice for excessive speeding, high-range drink driving and was on bail at the time of Jarvie's death after being charged with offensive behaviour, resisting arrest and destroying property.
Steve Jarvie's bicycle on the side of the Pacific Highway at Cowan. Photo / Supplied
And less than a month after killing Jarvie, Smith was then caught for mid-range drink driving.
Outside of Penrith courthouse Jarvie's partner Linda Ellis - from whom he was weeks away from marrying - said she was really grateful for the sentence and hoped it would be a deterrent.
"It sends a really, really good message to all the Ben Smiths out there I guess - there are consequences for your actions... A life is valuable, that they can't just do what they like and leave someone dying on the side of the road like a piece of garbage," Ellis said.
Smith was found guilty of manslaughter in May this year after a jury heard he had boasted about knocking Jarvie off his pushbike when he sped past on his motorcycle.
During the 10-day trial the court heard Smith left Jarvie on the side of the road and then ranted and raved about how "the c**t deserved it" at the nearby Road Warriors café at Mount White, just north of Sydney.
The court heard evidence Smith, from Wheeler Heights on Sydney's northern beaches, was possibly racing with his father Mark on the treacherous bends of the Old Pacific Highway which is a well known spot frequented by cyclists and motorbike riders.
In handing down his sentence Judge Buscombe found Smith had "a strong dislike verging on hate towards cyclists" as evidenced by a Facebook post in which he warned cyclists they would keep "coping 2inch flybys" and abuse if they continued to use the road.
Ben Smith has been jailed for eight years. Photo / News Corp
On the morning of Jarvie's death he had also abused a cyclist at Berowra 7/11 service station and called him "a f***ing idiot" and said cyclists should not be allowed to use the roads.
"The fact the offender had a strong dislike verging on hatred ...is highly relevant towards the level of care he showed towards Mr Jarvie later that morning," Judge Buscombe said.
However he was not able to accept beyond reasonable doubt that Smith had deliberately mowed down Jarvie, motivated out of his hatred towards cyclists.
He did find the evidence given by Jarvie's three close friends who were cycling with him that day, established Smith had been speeding and "driving in a manner which was grossly negligent".
"Given the speed and manner of driving ....I find the moral culpability of the offender to be high," he said.
The court also heard Smith left school before completing his HSC but finished it at TAFE before working in the construction industry and later in printing.
At the time of the offence he was running a small-scale clothing company.
During a sentencing hearing on Friday Jarvie's partner Ellis read a victim impact statement as she sat opposite Smith in the dock.
Cyclist Steve Jarvie who was killed. Photo / Supplied
She spoke of how her "blood turns cold" and she freezes whenever she hears the roar of a motorbike and is haunted by how it was the last sound her partner heard before he lost consciousness.
"Steve's life was needlessly lost in a moment of reckless stupidity and madness - an insane criminal tragedy," Ellis said.
"His sudden and horrendous death has plunged me into the most unimaginable nightmare that I struggle to wake up from," she said.
Judge Buscombe said Smith had shown no remorse and he was described by a psychologist as an "unsophisticated person who is not generally self-aware."
Smith will be eligible for parole in December 2022.
