The Northern Territory Director of Public Prosecutions is considering whether to appeal a Supreme Court decision that allowed a fatal hit-and-run driver to avoid prison.
On Monday, 24-year-old Darwin man 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.
In June last year, Danby struck two Aboriginal men walking near a shopping centre before fleeing. One of the men, a 39-year-old referred to as Mr Whitehurst for cultural reasons, was thrown seven metres, sustaining a traumatic brain injury that led to his death in Royal Darwin Hospital.
The second victim, aged 37, was hospitalised with non-life-threatening injuries.
Sentence sparks controversy
The court heard Danby sent a series of "disgusting" text messages to friends after the crash, referring to the victims as "n*****s" and "dogs", and describing the collision as a "two-for-one combo".
Justice Brownhill said the texts showed Danby "demonstrated a shockingly callous disregard for the welfare of the victims". However, she accepted that he had since shown remorse, noting his age, lack of criminal history, and employment record as grounds for rehabilitation.
On Wednesday, the ABC reported the DPP said the sentence was "presently under consideration for appeal".
Under the NT Criminal Code, the maximum penalty for a hit and run causing death is ten years in prison.
The CLP government, despite its frequent calls for tougher penalties and criticism of judicial leniency, has so far stayed quiet, with a spokesperson stating the appeal was a matter for the DPP.
Martina Hazelbane, founder and director of the Darwin-based Indigenous Road Safety Academy (IRSA), said she was "shocked" by Danby's text messages and urged the DPP to act.
"IRSA is calling on the DPP for an immediate appeal on the appropriateness of the sentence handed down. Enough is enough," 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."
'Disgusting' texts revealed in court
The court heard Danby also texted: "They learnt their lesson now, maybe next time they will use the crossing instead of walking out in front of cars, expecting me to stop like they own the place."
"They were rolling all over the road like bitches when I looked in my … mirror," he said, adding 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."
Racism and road trauma in the NT
The Northern Territory has the highest rate of pedestrian deaths in Australia, most of whom are Indigenous. Data shows around a quarter of drivers involved in such incidents fail to stop to help.
Ms Hazelbane said laws designed to protect vulnerable road users cannot be ignored.
"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.
"Aboriginal people are disproportionately affected by road trauma in the Northern Territory and across Australia, and tragedies like this reinforce the urgent need for change."
