A speeding, unregistered off-road motorbike rider, who killed a Perth man on a suburban pathway he was not entitled to be on, has been sentenced to nine years' jail.
Tyson Michael Denny, 25, was found guilty by a Supreme Court jury of the manslaughter of 84-year-old John Peters.
Mr Peters died in hospital 11 days after Denny smashed into him as he was standing by his bicycle on a dual cyclist/pedestrian pathway in Beckenham in June 2021.
The incident was seen by a truck driver on the nearby Roe Highway, who watched Denny as he travelled at speed along the pathway, at times riding on one wheel.
When the collision happened as Denny went around a bend, the truckie stopped his vehicle and ran to the scene, where, as well as trying to help Mr Peters, he managed to take a photograph of Denny as he tried to convince him to remain at the scene.
While Denny did leave, he was found not guilty by the jury of failing to stop and render assistance, with the court hearing he said he needed to seek medical assistance for the injuries he had suffered.
In her sentencing remarks, Justice Amanda Forrester highlighted the actions of the truck driver, noting that no other member of the public on the pathway stopped to help.
"Clearly he was extremely distressed by what he had seen, but he was singularly focused on getting help for Mr Peters."
"He deserves considerable praise," Justice Forrester said.
Riding showed 'complete disregard'
The court heard that before the incident, Denny had consumed alcohol and cannabis and while Justice Forrester said it was impossible to determine what effect it had on him, she was satisfied it would have impaired his riding and his mood.
Justice Forrester said it was "almost inevitable" that Denny was going to hit someone that day, given his manner of riding on a pathway that he was not permitted to be on.
"You displayed a complete disregard for other people who might have been using the pathway that day."
Members of Mr Peters's family provided victim impact statements to the court, which Justice Forrester said spoke eloquently of their loss.
She described Mr Peters as "a pillar of the community" saying through his work and contribution to society he had been trying to build a better future for people like Denny.
Denny will have to serve seven years before he can be released on parole.
With time already served he will first be eligible for release in November 2028.
'He was a great person'
A large contingent of the victim's family members were in court for the sentencing and outside the court they again thanked the truck driver, Trevor MacArthur, for what he did.
Mr Peters's son Stephen said his father had a huge impact on all their lives.
"We used to see him every other day, the time he used to be with all of us, so it is a real shame," he said.
"He was a great person to look up to and he mentored all of us."
Mr Peters said while he hoped the jail term imposed on Denny would deter others from doing the same, he was not sure it would.
"Every generation that comes along, people are going to do stupid things and it's ruined his life, his family's life as well as ours, and taken our father, grandfather, great grandfather away."
