Shelly Beach: Truckie Robert Kevin Kinley, 32, admits cutting off and assaulting cyclist in an ‘explosion of anger’

A young driver has narrowly avoided jail for cutting off a pair of cyclists before violently assaulting one of them in what a magistrate has described as “completely over the top”.

Robert Kevin Kinley raced past two cyclists in his ute on a lazy Sunday morning so close one of them reached out and knocked on his window.

The 32-year-old mechanic-turned-truck driver then cut them off before pulling over and assaulting one of them and calling them “selfish c--ts”.

But it was Kinley who was spectacularly caught out acting like a petulant child when police knocked on his door three weeks later.

Kinley faced Wyong Local Court on Wednesday where he hid behind his solicitor who pleaded guilty on his client’s behalf to not passing a cyclist at a safe distance and common assault.

The court heard Kinley was supposedly “in no particular hurry” while driving to a friend’s house about 8.30am on Sunday, April 14, when he came up behind a pair of cyclists on The Entrance Rd.

Getting too close for comfort. Kinley’s ute goes past the second rider in front after passing the first rider so close he rached out and knocked on the ute’s window. Picture: supplied

One of the riders, 61, was dressed in fluoro yellow cycling clothing and had flashing red lights mounted on the rear of his bike and on the back of his helmet. He also had a white LED light mounted on the front handlebars.

Despite being two lanes on the approach to the roundabout with Shelly Beach Rd, Kinley went past in his grey Isuzu D-Max “leaving less than 20cm between the victim and the vehicle”.

Kinley, 32, of Budgewoi, was crankey at the cyclists before assaulting one of them. Picture: supplied

“The victim knocked on the rear passenger side window of the vehicle as it passed,” the facts state.

Kinley then swerved left and cut the riders off, forcing them to “brake harshly”.

The rider signalled for Kinley to pull over, which he did in front of Tuggerah Lakes Secondary College The Entrance Campus.

“The accused approached the victim and with an open palm, used his left hand to hit the victim once to his helmet on the right side of his head. The accused then said ‘don’t f--king touch my car’.”

The court heard Kinley’s reaction was “completely over the top”. Picture: supplied

Kinley then slapped the victim again so hard it knocked his helmet off, leaving a red mark where the strap caught him on the chin.

The victim told Kinley “there is a lawful right for us to be on the road” and that they were keeping to the side but Kinley replied “no you weren’t you selfish c--ts”.

The victim reported it to police who tracked down Kinley at his house on Laelana Ave, Budgewoi, on May 6.

Kinley initially denied assaulting or going too close to the rider. However the cyclist had “cameras integrated within both the front and rear lights which recorded the entire incident”.

After watching the footage Kinley admitted his recollection was “incorrect”.

His solicitor told the court Kinley used to be a mechanic who more recently started driving trucks and had a mortgage, a partner and a young child to support.

He said his client had undergone 10 out of 12 sessions of an anger management course.

But Magistrate Robert Munro said at the time of the offending Kinley had about a month left on a community correction order (CCO), which he received for head butting a man at a nightclub before standing over him and punching him while he was “unconscious on the floor”.

“A lot of magistrates would have locked him up the first time,” Mr Munro said.

He revoked Kinley’s previous CCO and fined him $1500. Mr Munro then convicted Kinley of the two fresh offences, fined him $200 and sentenced him to a new CCO for 12 months with the conditions that he perform 100 hours of community service and abstain from alcohol for the duration of the order.

Mr Munro said Kinley’s reaction to the cyclists was an “explosion of anger” and “completely over the top”.