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
A 26-year-old hit-and-run driver who fled the scene of a crash that killed an Aboriginal man — and later sent racist messages describing the incident as a "two-for-one combo" and referring to the victims as "n*****s" and "dogs" — has retained his driver's licence.
Last year, Jake Danby was sentenced by Justice Sonia Brownhill to a 12-month community corrections order, including five months of home detention, after pleading guilty to hit-and-run driving causing death. The sentence sparked widespread criticism and was appealed by the Territory's Director of Public Prosecutions, who described the 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.
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.
Danby was still facing separate charges for speeding and driving an unlicensed and unregistered vehicle. He pleaded guilty to those offences in Darwin Local Court on Thursday.
The court heard he struck Mr Whitehurst at 79 km/h — 19 km/h above the speed limit — before leaving the scene and failing to call triple zero.
Court documents also revealed racist text messages Danby sent after the crash, in which he boasted he would avoid jail because of his surname and called the victims "n****s", "dumb c**ts" and "b*****s.
"Maybe if I'm lucky, I'll be able to claim his Centrelink for taking out another oxygen thief," he said.
Danby was not charged in the Supreme Court for causing the collision itself, but rather for leaving the scene — described by his lawyer as his "cowardice". His defence argued losing his licence would affect his employment as a construction worker.
Judge Therese Austin fined Danby $2,068 for the traffic offences but declined the Crown prosecutor's request to disqualify his licence.
She noted the offence does not carry a mandatory licence suspension and said she was "surprised" the matter had not been addressed in the Supreme Court.
"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," Judge Austin said, as reported by the ABC.
"There's nothing that suggests to me, and there's no evidence, in fact the contrary, that your driving is what caused the collision."
The case has prompted public anger over what critics describe as a lenient sentence, particularly when compared with penalties often imposed on Aboriginal people in the Northern Territory, where the government has promoted a "tough on crime" approach.
Last month, Mr Whitehurst's sister, Toni Whitehurst, spoke about the impact of the decision.
"Those words he [Danby] said still hurt us, this punishment is rubbish and doesn't feel good," she said.
"I'm strong but I got upset when I was told the new sentence. 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."
In the appeal ruling, Chief Justice Michael Grant noted the charge Danby faced did not involve criminal liability for causing Mr Whitehurst's death, meaning "there was no opportunity for the formation of a racist motive for the collision".
He said the racist messages could only be considered when assessing Danby's prospects for rehabilitation and criticised aspects of media reporting about the case.
Earlier this week, senior Northern Territory figures called for the matter to be taken further. Former Chief Minister and 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 said 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.
