The decision not to jail a 24-year-old man over the hit-and-run death of an Aboriginal man has exposed deep inequality in the Northern Territory justice system, according to one of Australia's largest Aboriginal legal service providers.

On Monday, Darwin man Jake Danby, 24, was sentenced by Justice Sonia Brownhill to a 12-month community corrections order, including five months of home detention. He had pleaded guilty to hit-and-run driving causing death.

In June last year, Mr Danby struck two Aboriginal men near a Darwin shopping centre before fleeing. One of them, 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.

"Disgusting" Messages Revealed

Community outrage has only grown after revelations of Mr Danby's text messages to friends after the crash. He referred to the victims as "n*****s" and "dogs," described the collision as a "two-for-one combo".

The court heard Mr 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".

In response, Mr Whitehurst's family have questioned the justice of the sentencing.

"Why is [Jake Danby] out? If an Aboriginal man hit a white man, he would be locked up," Mr Whitehurst's sister said, via the North Australian Aboriginal Justice Agency (NAAJA).

"Mr Whitehurst was my one and only brother, now I have no brothers. We loved him so much. This is not fair."

She added: "It's really hurting me. Seeing those messages, it makes me so upset."

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Calls for Appeal

In her sentencing, Justice Brownhill acknowledged the messages showed Mr Danby had "demonstrated a shockingly callous disregard for the welfare of the victims." However, she accepted he had since shown remorse, citing his age, lack of criminal history, and employment record as grounds for rehabilitation.

The widely circulated satirical outlet, The Betoota Advocate, poked fun at the NT Justice system with its headline: "Man with keen interest in running someone over and killing them with his car moves to NT because you get a slap on the wrist for that up there."

NAAJA urged the Director of Public Prosecutions (DPP) to review the decision, stressing the "callous disregard for victims" shown in Mr Danby's texts. On Wednesday, the NT DPP confirmed the sentence was "presently under consideration for appeal."

NAAJA Chairperson Theresa Roe said the case highlighted the inequality between Aboriginal and non-Aboriginal people in the NT justice system. She said many Aboriginal people and families from across the Territory had contacted NAAJA, expressing their disgust and dismay at the sentencing of Mr Danby.

Furthermore, whilst nearly half of all people incarcerated in the NT are on remand, Mr Danby was granted bail, with access to stable housing, employment, and a lack of previous criminal convictions all playing a role in the decision.

"Unfortunately, many Aboriginal Territorians have a very different experience of the justice system due to chronic housing instability, limited access to employment and educational opportunities, over policing and racism," Ms Roe said.

She described Mr Danby's texts as "racist" and "dehumanising," adding: "There is little to suggest the offender's racist attitudes have been reformed, despite the immense harm for Aboriginal communities across the NT caused by such attitudes."

Martina Hazelbane, founder and director of the Darwin-based Indigenous Road Safety Academy (IRSA), also urged an appeal from the DPP this week, arguing, "enough is enough".

"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," she said.

Government Response Criticised

Ms Roe said the case also highlighted the apparent inconsistency in the government's response.

Since taking power last year, the Country Liberal Party (CLP) has regularly criticised judges over perceived leniency. Earlier this year, Chief Minister Lia Finocchiaro attacked a judge for granting bail to a young man who later reoffended violently, drawing a sharp rebuke from the NT's Chief Justice.

Yet the government has remained largely silent on Mr Danby's case, only commenting on the independence of the DPP.

Ms Roe said NAAJA was "particularly concerned by the inconsistency" in responses.

"The Government has been quick to comment in cases involving Aboriginal offenders and non-Aboriginal victims with talk of 'real consequences.' Their silence on this matter sends a message about the value that the NT Government places on the experiences of Aboriginal victims," she said.

She urged the government to address systemic inequality.

"The fault lines in our community and our justice system run deep," she said. "We call upon the NT Government to make a genuine commitment to bringing the community together and addressing the inequalities which only serve to fuel that division."