Benjamin Ives sentenced for fatal motorcycle collision at Merrylands

An attention lapse has been to blame for a 4WD driver ploughing into a motorcyclist who later died in hospital. Today the driver learned his fate following the tragic collision.

Benjamin William Ives leaves court in February 2021.

A 4WD driver charged after the death of former navy officer Peter Warner will be eligible for parole in December after he was sentenced for the collision more than two years ago.

Benjamin William Ives, 40, ran a red arrow on to Merrylands Rd when he was driving southbound on the Cumberland Highway and collided with Mr Warner’s motorbike on September 2, 2020, while returning home from work at Wetherill Park.

The impact of Ives’ Mitsubishi Pajero caused Mr Warner to fly off his Suzuki Boulevard bike about 5.10am, when the much-loved husband and father was on his way to work as a welder.

The retired Royal Australian Navy officer suffered catastrophic injuries to his back, as well as damaged wrists that required surgeries, rib fractures, a dislocated elbow and an injury that meant his right leg had to be amputated.

The 45 year old was treated by paramedics and taken to Westmead Hospital but died from a blood clot in his lungs on September 13.

Peter Warner died aged 45 after a motorcycle crash at Merrylands on September 2, 2020. Benjamin William Ives was charged following the fatality.

Ives was charged with dangerous driving causing grievous bodily harm, to which he later pleaded guilty.

Initial charges of dangerous driving occasioning death and entering an intersection by crossing a red traffic arrow were withdrawn.

At Parramatta District Court on Monday, Ives appeared via video link from prison where he has been in custody since May 2022 for unrelated matters.

Judge Siobhan Herbert accepted that Mr Warner’s death did not occur from the motorbike collision but the blood clot in hospital.

Ives’ ADHD was discussed at length in court but found not to be a reason for running the red arrow.

“This isn’t ADHD-related impulsivity. He’s tired, he's stressed, he’s coming home from a night shift, so am I dealing with inattention?,’’ Judge Herbert asked.

Barrister Linda McSpedden responded yes, adding it was “fleeting inattention” when he was travelling northbound on the Cumberland Highway and thought the arrow was green.

“In these brief few moments this tragedy unfolded,’’ she said.

The court heard how Ives started taking drugs at 19 before smoking heroin and ice to deal with mental trauma, and was getting his life back on track.

He had found full time employment and was not on drugs during the collision but had suffered sleep deprivation, poor gut health and a reduced appetite, causing him to be “stressed, frustrated and tired’’.

After the incident, Ives started using heroin and ice daily for two months.

Judge Herbert accepted that Ives’ remorse was “absolutely genuine” and allowed him a 20 per cent discount for a guilty plea.

Benjamin Ives at a court appearance two years ago.

Crown prosecutor Damian Beaufils accepted Ives was tired and ruled out him being impulsive when he ran the red arrow.

He said the fact he was tired and still drove elevated the offence.

The Crown submitted Ives had a criminal history of drug offences but had a “limited traffic history” with no driving convictions.

Judge Herbert told the court Ives had “special circumstances” and needed to address mental health and drug relapses.

His licence was disqualified for 12 months and he was handed a two-year sentence. He will be eligible for parole on December 6 this year “providing you don’t have outstanding matters”.

Ives then yelled out: “I’m getting deported, I’m not getting parole.”

Judge Herbert said the court was not allowed to take that into consideration.

Mr Warner, who volunteered with his wife Clare Jennings at Rotary Norwest Sunrise, and with mental health organisation Black Dog Institute, was remembered as a dedicated family man.

He married Clare in 2014 and they were raising their blended families together.

The youngest of four siblings loved camping and his motorbike.

Outside court, Mr Warner’s sister Jacqui Cuffe cried after learning the verdict.

“We just want Pete back,’’ she said.

Mr Warner’s family could not say farewell to him because he was hospitalised during Covid lockdowns but there was a belief he was going to overcome his injuries despite it “never going to be the same again”.

He said his brother would have been dependent on a wheelchair if he lived.