The jury has retired to consider its verdict in the trial of the man accused of unlawfully killing Kalgoorlie teenager Elijah Doughty.
The man — whose identity is suppressed — admits driving dangerously and hitting the 14-year-old, who was on a motorbike, but denies he was criminally negligent.
The Supreme Court heard the West Australian man, 56, was chasing the teenager on a gravel track because he believed the motorbike had been stolen from his home the day before.
In his closing address to the jury, defence lawyer Seamus Rafferty said the man had not had a plan when he went looking for the bike.
"This was a spur of the moment decision. He said 'I just wanted my kids' motorbike back'," he said.
"In retrospect and hindsight, he concedes it was an utterly appalling decision."
Mr Rafferty said his client had not meant to hit Elijah.
"Yes, there was a chase … but there is nothing unlawful about trying to get your property back," he told the court.
"It's not criminal negligence, it's clearly dangerous driving. He wasn't angry, he just wanted his bike back.
"This trial is not about external factors. It's about 20 seconds of driving over 160 metres."
State prosecutor David Davidson urged the jury to convict the man.
"[He was driving] too fast, too close. [He left] no room for Elijah to move," he said.
"He knew the area … if he had to veer across, it was done out of necessity of [the man's] driving.
"It's a true acknowledgement that it was so criminally negligent in all the circumstances."
The jury heard more than three days' worth of evidence before being sent out.
