Warning: The following article contains the name of an Indigenous person who has died, with the permission of family, as well as content and language some readers may find distressing
A 25-year-old who killed an Aboriginal man in a hit-and-run in Darwin, later referring to the victim as an "oxygen thief," has had his sentence extended on appeal, but will still avoid jail.
In June 2024, Jake Danby struck two Aboriginal men near a Darwin shopping centre before fleeing the scene. One victim, a 39-year-old referred to as Mr Whitehurst for cultural reasons, 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 year, 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. It drew widespread anger and was appealed by the Northern Territory's Director of Public Prosecutions, who cited the Supreme Court sentence as "manifestly inadequate".
On Friday, the Northern Territory Court of Criminal Appeal extended his community corrections order (ICCO) to two years, the entirety to be served in home detention. He must also wear an electronic monitoring bracelet.
"In our view, the objective features of the offending place the offending in a serious category of offending of this kind," they wrote.
"Even given a reasonable subjective case, particularly the respondent's age and lack of previous convictions, sound work record and a somewhat traumatic background, a head sentence of 12 months' imprisonment with five months' home detention does not in our view properly reflect the appropriate penalty."
Court documents revealed Danby had bragged in text messages that he would not go to jail, calling it a "two for one combo" and saying it was "pretty funny watching them roll around on the road after going over my bonnet".
He also wrote: "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 rear-view mirrors," he said, 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."
In December, Prosecutor Pat Williams told the court the messages elevated the crime to an aggravated level and warranted a prison term of more than two years, arguing the accused had fled the scene and used dehumanising language that made clear "the basis for his rejection was a racist one".
Danby, who was unlicensed and driving an unregistered vehicle, later told a friend: "I do have to hand myself in, but I ain't getting jail time. I'm a Danby, we don't go to jail."
Justice Brownhill had previously acknowledged Danby had "demonstrated a shockingly callous disregard for the welfare of the victims", but cited his remorse, youth, lack of criminal history and employment record as factors supporting rehabilitation.
In their ruling, the appeals judges noted Danby has been fully compliant with his drug and alcohol testing, as well as attending therapy, noting he is "now on a positive path of rehabilitation".
He left his employment, which was deemed untenable as it involved remote work in the Tennant Creek and Alice Springs areas, as he is confined to the Darwin area, and instead found work as a labourer/trades assistant.
"While it may be accepted that an ICCO incorporating home detention is a more lenient sentence than serving a sentence in a correctional institution," they said.
"Given the subjective features in this case, particularly youth and lack of prior convictions, and given the five months during which the respondent has been fully compliant, we have concluded that a lengthier period of imprisonment is appropriate, however it should be served as an ICCO which incorporates a longer period of home detention."
The original sentence sparked outrage among Aboriginal groups and organisations. Through the North Australian Aboriginal Justice Agency, Mr Whitehurst's sister asked: "Why is [Jake Danby] out? If an Aboriginal man hit a white man, he would be locked up.
"Mr Whitehurst was my one and only brother; now I have no brothers. We loved him so much. This is not fair."
Of the messages, she added: "It's really hurting me. Seeing those messages it makes me so upset."
The case also drew scrutiny toward Marie-Clare Boothby, who was accused of not declaring a conflict of interest after it emerged Danby was her sister's stepson.
She said she had not concealed the relationship and that neither she nor her office had any involvement in the prosecution.
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