A motorcycle rider who “had a strong dislike verging on hatred for cyclists” has been sentenced to at least five and a half years in jail for killing a cyclist four years ago.

In May Ben Smith, 27, was found guilty of the manslaughter of Steven Jarvie, 62, who suffered fatal head injuries when he came off his bike as Smith sped past him on the Old Pacific Highway at Cowan, just north of Sydney, on 17 February 2013.

“The cunt fucking deserved it,” Smith, who didn’t stop to help Jarvie, later told another cyclist at a nearby cafe.

Jarvie’s partner, Linda Ellis, said Smith left the father of three “dying on the side of the road like a piece of garbage”.

On Monday the Penrith district court heard Smith had yelled abuse at “fucking idiot” cyclists before he came across Jarvie.



Judge Mark Buscombe found the offender “had a strong dislike verging on hatred for cyclists”.

He had also attacked cyclists in a 2012 Facebook comment, saying: “Start paying for using the road or keep copping abuse and 2inch [sic] flybys.”

Buscombe said Smith and his father were speeding when they rode past the group of four middle-aged cyclists, including Jarvie, “in a manner that was grossly negligent”.

But he was not satisfied beyond reasonable doubt that Smith deliberately drove too close to Jarvie because of his hatred of cyclists.

He sentenced Smith – who was on bail and on a good behaviour bond at the time of the offence – to eight years in jail with a non-parole period of five and a half years.

Smith hugged and kissed family members as he was led to the cells.

Outside court Ellis said she felt immense relief.

“It sends a really, really good message to all the Ben Smiths out there ... that there’s consequences,” she said. “They can’t just do what they like.”

Smith will be eligible for parole in December 2022.