A 24-year-old man accused of killing an elderly cyclist while riding his unregistered off-road motorbike, at speed, on a dual-use pathway that he was not entitled to be on, is on trial in the WA Supreme Court.
Tyson Michael Denny crashed into 84-year-old John Peters in June 2021 causing him serious injuries which led to his death in hospital 11 days later.
Mr Peters had been stationary by the side of his bike on the dual use pedestrian and cycle pathway in Beckenham when Mr Denny crashed into him as he rode his motorbike around a left-hand bend.
The pathway ran alongside Roe Highway and the court was told Mr Denny was seen by a truck driver, who was travelling adjacent to it, riding at speeds estimated to be around 93 kilometres per hour before the collision.
The truck driver also claimed he saw Mr Denny, at times, riding on one wheel.
Motorbike appeared to 'get the wobbles'
State prosecutor Les Hobson said at one point the motorbike went onto the gravel and "appeared to get the wobbles" before going back onto the pathway and then hitting Mr Peters.
The truck driver saw what happened and after pulling over to the side of the road, went to assist but Mr Hobson said Mr Denny left the scene without offering any help.
The court heard that was despite the truck driver repeatedly telling Mr Denny to stay.
He also did not report what had happened to police.
Mr Dobson said while it was not claimed Mr Denny intentionally caused the collision, it was alleged his manner of riding the motorbike was "criminally negligent" and caused the death of Mr Peters.
"He was riding on a dual-use shared pathway, and he was not entitled to be there … it was designated for cyclists and pedestrians only," Mr Hobson told the jury.
"He was riding, doing wheel stands in the time leading up to the crash … he continued riding at speed as he approached a bend."
Defence pushes for lesser offence
Mr Denny's barrister, Anthony Elliott, said his client did admit that he was not entitled to be on the pathway and that his manner of riding was dangerous.
However, Mr Elliott said he maintained his actions were not grave enough to constitute criminal negligence and he instead he urged the jury to consider the lesser offence of dangerous driving causing death.
"It is the quality of his riding that is the critical question." Mr Elliott submitted.
Mr Elliott also said Mr Denny accepted that he did leave the scene and did not go to police, but he said his client's explanation was that he was injured in the collision, and he needed medical treatment.
Mr Elliott said Mr Denny's father did take him to hospital, and had decided to take his son to police the next day however he was arrested before that could happen.
The trial is expected to run for two weeks.
