Warning: this article contains distressing and violent content.
A 24-year-old Darwin man who fatally struck an Aboriginal man in a hit-and-run will not serve prison time, instead being sentenced to five months of home detention.
The Northern Territory's Director of Public Prosecutions is considering whether to appeal the decision, which has sparked community concern.
A spokesperson for the DPP said the sentence is "presently under consideration for appeal", the ABC reported.
Criticism of the ruling has come from road safety advocates, including Martina Hazelbane, director of the Indigenous Road Safety Academy, who expressed shock over the circumstances of the crash and the leniency of the sentence.
"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 told the ABC.
Driver did not stop after hitting men, sent racist text messages
The crash occurred on 13 June 2024, when Jake Danby hit two men outside the Hibiscus Shopping Centre in Leanyer while speeding in a 60km/h zone.
One of the victims, 39-year-old Aboriginal man Mr Whitehurst, was thrown seven metres by the impact and suffered a traumatic brain injury. He later died at Royal Darwin Hospital.
The second man, aged 37, was also taken to hospital with non-life-threatening injuries.
Danby did not stop at the scene.
In the hours following the crash, Danby sent messages to friends mocking the victims, using racist language and referring to Mr Whitehurst as an “oxygen thief.”
He also described the collision as a “two for one combo.”
Justice Sonia Brownhill, presiding in the NT Supreme Court on Monday, described the texts as demonstrating “shockingly callous disregard” for the victims, the ABC reported.
She said they showed Danby was fully aware of the harm he had caused.
Despite the severity of his actions, Danby received a 12-month community corrections order, with five months served under home detention at his Humpty Doo residence.
Justice Brownhill accepted that he had shown genuine remorse since the incident, including acknowledging his post-crash messages were “disgusting.”
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