The family of retired Anglican minister David Curtis say they are "relieved" after the man charged with his hit-and-run death last year has been sentenced in Port Macquarie Local Court.
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The Curtis family were in court on Thursday, May 9 when the matter was finalised.
"We're just very relieved and we can move on now," Sandra Curtis said.
Stuarts Point man Lewis Alfred Witsel, 65, appeared before Magistrate Georgina Darcy for sentencing.
He was charged with failure to stop and assist after a vehicle impact occasioning death and negligent driving occasioning death. He pleaded guilty to these charges in February 2024.
He has been sentenced to an 18-month intensive corrections order for both offences.
The 65-year-old was charged following the hit-and-run accident on the pedestrian crossing on Hastings River Drive near Dixie Park on Wednesday, April 12, 2023 at 5.20pm.
Court documents show Witsel left the scene after his vehicle struck Mr Curtis, and drove to his home in Stuarts Point.
Following police inquiries, Witsel attended Port Macquarie Police Station on the morning of April 13, 2023 where he was arrested.
Mr Curtis, 86, died one day later in hospital on April 14, 2023 after sustaining fractures to his skull, spine and pelvis from the collision.
The retired minister moved to Australia with his wife Barbara in 1965 and was employed at St Thomas' in 1994 as the minister for the elderly.
In the following years, he served in many areas of the church, including pastoral care and healing ministry.
Before his death, he still operated out of the healing rooms at St Thomas' Church.
Victim impact statements
The court heard from members of the Curtis family, including Barbra and David's three children Sandra, Gary and Lisa and one of their grandchildren, on how his death has affected them as a family.
Mrs Curtis described her late husband as a "much-loved leader and mentor".
"The dates of April 12, 13 and 14, 2023 are days I will never forget," she told the court.
The couple had been married for 60 years and Mrs Curtis said it was "distressing" to see him unconscious in the hospital following the accident.
The 88-year-old said she continues to grieve her husband's death, but said she forgives Witsel for his actions.
"I would like Mr Witsel to know that because of my strong Christian faith, I'm able to forgive him," she said.
Mr Curtis' daughter Sandra read an emotional witness statement before the court and said the date of April 12, 2023 is "carved into her memory forever".
"[I feel] the impact of his death every day," she said. "There's a constant heavy feeling."
Gary Curtis said it was "difficult to put into words" what losing his father has meant for the family.
The couple's eldest daughter Lisa said it "crushes" her each time she thinks of her father's death.
Witsel bowed his head and could be seen wiping his face while the victim impact statements were read.
Sentencing remarks
Defence lawyer Tas Tasdemir said his client is "very remorseful" of his actions.
"[Mr Witsel] has anxiety, depression and post-traumatic stress disorder [from the incident]," he told the court.
Mr Tasdemir described the accident as "tragic and unfortunate".
Prosecutor Carl Young said while Witsel is of "prior good character" and "expressed remorse" for his actions, he spoke of the seriousness of the charges.
"[The court has to] acknowledge the loss of Mr Curtis, not only for his family, but also the community," Mr Young said.
"Mr Witsel will have to reflect on the seriousness of what he did."
Magistrate Darcy said often in court matters a lot is heard about the offender and not the victim.
"David Curtis' family has eloquently told the court of their loss as a result of the offender's negligent driving," she said.
"The court has learnt about David and his life."
Magistrate Darcy said she was "particularly struck" by the strength of Mrs Curtis and said it was "remarkable" she expressed forgiveness towards the offender.
"I understand that no sentence is going to reflect the loss of Mr Curtis for his family," she said.
Magistrate Darcy said the agreed facts show there is no indication Witsel was speeding at the time of the incident.
"The offender stopped 60 metres after the impact, went to the scene for a short time and then returned to his car and drove home," she said.
"The victim should have been safe to cross the road. The crossing was well marked... the offender did not brake, nor was he wearing sunglasses.
"He is remorseful of his actions and the offences have had a significant impact on his life."
Magistrate Darcy sentenced Witsel to 18 months imprisonment to be served as an intensive corrections order in the community.
"His actions on April 12, 2023 are a reminder of the obligations of drivers on our roads and the tragic consequences [when negligent driving occurs]," Magistrate Darcy said.
As part of the intensive corrections order, Witsel must report to community corrections at Kempsey Police Station, is not to commit any offences and he must complete 150 hours of community service work.
He is also disqualified from driving for 18 months.
