A 25-year-old fatal hit-and-run driver who fled the scene of a crash and then sent text messages calling the victims “dogs” has been allowed to keep his driver’s licence over the incident.
Warning: This story contains content some readers may find distressing, and the name of an Indigenous person who has died, with the permission of family.
Jake Danby hit two Aboriginal pedestrians in Darwin’s northern suburbs in June 2024, one of whom died from his injuries.
Danby then fled the scene of the incident, and after the crash he sent text messages to friends in which he called the victims “dogs”, “oxygen thief” and a “two for one combo”.
One of the pedestrians involved in the crash, a man known as Mr Whitehurst for cultural reasons, died in hospital from injuries sustained in the incident.
Two Indigenous men were struck in the 2024 hit-and-run, with one later dying from his injuries. (ABC News: Pete Garnish)
Danby was sentenced over the main hit-and-run charge last year, but was still facing charges for speeding, and driving unlicensed and unregistered, to which he pleaded guilty in Darwin Local Court today.
Judge Therese Austin fined Danby $2,068 for the traffic offences.
Crown prosecutors argued for Danby’s driver’s licence to be disqualified as part of his penalty, but the bid was unsuccessful.
Defence lawyer Peter Maley told the court his client’s licence was suspended at the time of the fatal crash due to an unpaid fine but that he had since received it back.
Judge Austin told the court the charges did not carry a mandatory licence suspension period, and it should have been dealt with by the Supreme Court.
“I’m surprised that the Supreme Court didn’t do anything about disqualification,” she said.
The court heard Danby was driving 79km/h in a 60km/h zone, while unlicensed, at the time of the crash, and was also driving an unregistered and uninsured car.
Jake Danby was speeding at the time of the crash, which killed one pedestrian. (ABC News: Pete Garnish)
Lawyer argues for Danby to keep licence
Mr Maley told the court Danby needed his licence to continue to drive to worksites on a “casual basis”.
Danby is serving a period in home detention until September 2027 for the hit-and-run, but is allowed to continue working as a labourer during that period.
Judge Austin agreed with Mr Maley and decided against suspending him from driving.
Danby appeared in Darwin Local Court on Thursday. (ABC News: Pete Garnish)
“It’s my view that licence suspension is not necessarily out of range for this combination of offending and when it goes out of the limit, registered, uninsured and unlicensed,” she said.
“That whole combination is ill-advised and you did not follow any of the traffic laws in relation to driving.
“My view is that you are somebody who needs to be able to consider work opportunities in your future while serving your sentence, and it’s also the case that I don’t have to suspend you because there’s no mandatory requirement.
“There’s nothing that suggests to me, and there’s no evidence, in fact the contrary, that your driving is what caused the collision.”
In his sentencing last year, the Supreme Court ruled that Danby was not at fault for the collision, but found that he did not stop to render assistance or call Triple Zero (000).
Calls for Danby case to face further appeal
Danby was originally sentenced to a 12-month community corrections order by the NT Supreme Court for his hit-and-run charge, with five months to be served in home detention.
The sentence was then appealed, with the NT Court of Criminal Appeal last month deciding to extend his sentence to two years to be spent in home detention.
Sentence extended for hit-run driver who called victims ‘oxygen thieves’
Darwin-based MP Luke Gosling gave a speech in federal parliament on Monday, in which he questioned the appeal sentence handed to Danby.
“Not one day in prison,” he said.
“Territorians expect accountability.
“And where confidence is shaken, every lawful avenue of appeal should be pursued.”
He said the case raised “serious issues that should be taken up by the NT Director of Public Prosecutions (DPP) in seeking special leave to appeal to the High Court of Australia”.
Mr Gosling echoed similar comments made by former NT chief minister and attorney general, Paul Everingham, who wrote a letter to News Corp’s NT News about the case.
Luke Gosling has recently voiced his opinion on the matter. (ABC News: Anzaya Karim)
“There needs to be a much harsher message that you can’t do and say this sort of frankly vile behaviour and get a smack on the wrist,” Mr Everingham wrote.
“If I were still the NT Attorney-General and it were possible to do so I would seek leave to appeal the sentence to the High Court.”
In a statement, the DPP said it was “considering the Court of Criminal Appeal’s decision in relation to the Jake Danby matter”, but did not specify whether a High Court appeal was possible or if it was an avenue the DPP would be willing to pursue.