The Northern Territory’s Director of Public Prosecutions has filed an appeal against the sentence of a fatal hit-and-run driver in Darwin “on the grounds that the sentence is manifestly inadequate”.
Warning: This story contains content some readers may find distressing and the name of an Indigenous person who has died.
Jake Danby, 24, avoided jail time on Monday and was sentenced to a 12-month community corrections order, after hitting two Aboriginal pedestrians with his car last June, fleeing the scene, and then boasting about it to friends.
Danby was also charged with speeding, driving unlicensed and driving an uninsured motor vehicle and is listed to plead guilty over the charges in Darwin Local Court on October 1.
Jake Danby was sentenced in the NT Supreme Court on Monday. (ABC News: Tristan Hooft)
One of the victims, referred to as Mr Whitehurst for cultural reasons, died in hospital from his injuries.
In text messages sent hours after the crash, Danby called the victims “dogs” and “oxygen thieves”, prompting outcry from Mr Whitehurst’s family.
Danby described the collision as a “two for one combo” and wrote that it was “pretty funny watching them roll around on the road after going over my bonnet”.
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The remarks and Danby’s “lenient” sentence triggered condemnation from groups including the North Australian Aboriginal Justice Agency (NAAJA).
NAAJA chair Theresa Roe said the incident had sparked outrage across the NT’s Aboriginal population.
“Many Aboriginal people and families from across the NT have contacted NAAJA to express their disgust and dismay about the outcome of this case,” she said.
In sentencing Danby, NT Supreme Court Justice Sonia Brownhill accepted that he had shown remorse, and took his young age and lack of criminal history into consideration.
The Darwin-based Indigenous Road Safety Academy called for prosecutors to appeal the sentence on Tuesday and its director Martina Hazelbane said she had been “horrified” by Danby’s text messages.
NT Courts has been contacted for comment.
Loading…NT attorney-general a relative of Danby
NT Attorney-General Marie-Clare Boothby has been accused of not properly disclosing a potential conflict of interest after admitting she is a relative of Danby.
“My sister’s stepson was involved in the June 2024 incident, the subject of which has now gone through the courts,” Ms Boothby said in a statement.
Marie-Clare Boothby acknowledged that Danby was a family relation, after the news broke in online outlet NT Independent. (ABC News: Pete Garnish)
“At no time have I or my office been involved in the matter, either in opposition or upon change of government.
“At all times I have acted with integrity in carrying out my functions as attorney-general.”
Family of hit-and-run victim speak out
Ms Boothby was questioned over Danby’s sentencing at a press conference on Thursday, but did not disclose her family connection at that time.
Shadow Attorney-General Chansey Paech posted a statement on social media, in which he described the lack of disclosure as “disgraceful and appalling that the Northern Territory attorney-general has failed to disclose a clear conflict of interest in the matter”.
“For a government that talks tough on crime, their silence is deafening,” he said.
“They cannot claim to be tough on crime while turning a blind eye to such serious integrity issues.”