Warning: With the permission of family, the following article contains the name of an Indigenous person who has died, as well as content and language some readers may find distressing
Two senior Northern Territory politicians say the sentence handed to Jake Danby — who avoided jail after pleading guilty to a fatal hit-and-run of an Aboriginal man and later mocked the victim — should be appealed to the High Court of Australia.
Last year, Justice Sonia Brownhill sentenced Danby to a 12-month community corrections order, including five months of home detention, after he pleaded guilty to hit-and-run driving causing death. The decision drew widespread anger and was appealed by the Territory's Director of Public Prosecutions, who described the Supreme Court penalty as "manifestly inadequate".
Danby struck two Aboriginal men near a shopping centre in Darwin in June 2024 before fleeing the scene. One victim, 39-year-old Elijah Whitehurst, was thrown seven metres and suffered a traumatic brain injury. He later died in Royal Darwin Hospital. The second man, aged 37, survived with non-life-threatening injuries.
Public anger intensified after court documents revealed a series of racist text messages Danby sent following the crash. He bragged he would not go to jail because of his last name, describing the incident as a "two-for-one combo" and referring to the victims as "n*****s" and "dogs".
He also wrote: "They [the two men] were rolling all over the road like bitches when I looked in my rear-view mirrors," claiming the world needs "c**s like me to take a hit to teach these c**s a lifelong lesson".
"Maybe if I'm lucky, I'll be able to claim his Centrelink for taking out another oxygen thief."
Last month, the Northern Territory Court of Criminal Appeal extended Danby's intensive corrections order to two years, to be served entirely in home detention. He must also wear an electronic monitoring bracelet.
In response, Mr Whitehurst's sister, Toni Whitehurst, said: "Those words he [Danby] said still hurt us, this punishment is rubbish and doesn't feel good."
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In a letter published in the NT News at the weekend, NT's first Chief Minister and former Attorney-General, Paul Everingham, said he was "appalled" that the Supreme Court "has set the price of a life at two years' home detention".
Mr Everingham argued Danby's comments "aggravate the circumstances of this offence well beyond the norm", warranting a "much harsher message that you can't do and say this sort of frankly vile behaviour and get a smack on the wrist".
"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," he wrote.
Speaking in Parliament on Monday, Labor MP Luke Gosling, who represents the Territory seat of Solomon, echoed those concerns, saying Danby had shown no "hint of remorse" nor "even a statement of regret".
Arguing that it "matters what messages are sent to the community," Mr Gosling added: "I too believe this case raises serious issues that should be taken up by the Northern Territory Director of Public Prosecutions in seeking special leave to appeal to the High Court of Australia."
"Territorians expect accountability. And where confidence is shaken, every lawful avenue of appeal should be pursued."
After the sentencing last month, Ms Whitehurst described her brother as a "happy, smiley fella," saying, "We miss him and the kids always say, 'we don't know where uncle is'".
"They miss him. They remember him at the shopping centre, coming to our gate, getting them to do jobs around the house," she said.
At the time of his death, Mr Whitehurst had been sleeping rough in the Yarrawonga suburb while dealing with mental health and social challenges which had derailed his once-promising career.
"I'm strong but I got upset when I was told the new sentence," Ms Whitehurst said. "It's not fair, he [Danby] is still out there, there is no justice. I'm the person who needs to keep fighting for my brother."
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