The Northern Territory’s Director of Public Prosecutions (DPP) is considering whether to appeal a judge’s decision to allow a fatal hit-and-run driver to avoid prison time.
Warning: This story contains content some readers may find distressing and the name of an Indigenous person who has died.
On Monday, Darwin man Jake Danby, 24, was sentenced over the crash in June last year in which he struck two Aboriginal pedestrians near a shopping centre in the city’s northern suburbs before fleeing the scene.
If you or anyone you know needs help:Suicide Call Back Service on 1300 659 467Lifeline on 13 11 14Aboriginal & Torres Strait Islander crisis support line 13YARNÂ on 13 92 76Kids Helpline on 1800 551 800Beyond Blue on 1300 224 636Headspace on 1800 650 890ReachOut at au.reachout.comMensLine Australia on 1300 789 978SANEÂ on 1800 187 263
One of the two men, a 39-year-old referred to as Mr Whitehurst for cultural reasons, later died in hospital from his injuries, and Danby later pleaded guilty to hit-and-run driving causing death.
In the hours after the crash, Danby was found to have sent a series of bragging text messages to his friends, calling the victims “dogs”, “n*****s” and “oxygen thieves” and referring to the collision as a “two for one combo”.
The texts were described by Supreme Court Justice Sonia Brownhill as demonstrating a “shockingly callous disregard for the welfare of the victims” and “disdain … for two other human beings”.
Ultimately, Justice Brownhill accepted Danby had shown remorse since the incident and had good prospects for rehabilitation due to his young age, lack of criminal history, and strong employment record.
She sentenced him to a 12-month community corrections order, with five months to be served in home detention.
The fatal crash happened outside the Hibiscus Shopping Centre in the Darwin suburb of Leanyer. (ABC News: Tristan Hooft)
Sentence ‘does not pass pub test’
On Tuesday, a spokesperson for the NT DPP said in a statement that the sentence was “presently under consideration for appeal”.
It came after the founder of the Darwin-based Indigenous Road Safety Academy (IRSA) said she was “horrified” by Danby’s text messages and questioned “the appropriateness of the sentence”.
IRSA director Martina Hazelbane said the lack of any actual jail time “does not pass the pub test”.
“I am deeply shocked and appalled by the incident in Darwin, where two Aboriginal pedestrians were struck by a speeding driver — one tragically losing his life, and another left hospitalised,” she said.
“What is even more horrifying are the messages this driver sent afterwards, dehumanising the victims and boasting about their suffering.
“These words are not only vile, but they also reveal a dangerous and deeply ingrained attitude that puts Aboriginal people at risk.”Jake Danby sentenced over 2024 hit-and-run
Ms Hazelbane said it was “entirely appropriate” for the DPP “to question this sentence on appeal”.
“Incidents like this are a stark reminder of the systemic challenges our communities continue to face — ongoing racism, inequity and a justice system that too often fails to hold offenders fully accountable,” she said.
The NT has the nation’s highest rate of pedestrian deaths, with the majority of victims being Indigenous people, and data shows one in four drivers do not stop to help.
A spokesperson for the NT’s Country Liberal Party government, which has been vocal in calling for “real consequences” for offenders since coming to power a year ago, would not be drawn on whether Danby’s sentence was appropriate.
“Any loss of life is a tragedy, but any decision to appeal is a matter for the DPP,” they said.
NT Courts has been contacted for comment.