Warning: this article contains the name and image of an Aboriginal person who has died, with his family's permission. It also contains elements which some readers may find distressing.
The family of a 39-year-old Aboriginal man who died after a hit-and-run incident in Darwin's northern suburbs say they are "broken" by the decision to spare the driver jail time, despite a prosecution appeal over his original sentence.
Last September, Jake Danby, who was 24 at the time, was sentenced to a 12-month community corrections order, including five months home detention, after hitting two Aboriginal pedestrians with his car in June 2024.
39-year-old Kunwinjku man, Mr Whitehurst, was thrown several meters and later died from his injuries, while another man was left seriously injured.
Shortly after the sentence was handed down, the Director of Public Prosecutions (DPP) filed an appeal on the ground that the sentence was "manifestly inadequate".
On Friday, three judges from the Court of Criminal Appeal in Darwin upheld the application and increased Danby's home detention period from five months to two years under an extended community corrections order.
The victim's family say they are "broken" by the news Danby has again avoided jail time.
"I felt broken, crying," the victim's sister Toni Whitehurst told NITV.
"It's like I failed for not having justice. My heart saying there was no one to help me, but I'm trying to fight," she said.
The NT Supreme Court has previously heard Danby fled the scene and then labelled the incident a "two for one combo", calling the victims "dogs" and "oxygen thieves" in text messages to friends afterwards.
It was later revealed Mr Danby is a relative of NT Attorney-General Marie-Clare Boothby.
In a statement to NITV at the time, Ms Boothby confirmed Mr Danby is her sister's stepson .
“At no time have I, or my office been involved in the matter ... at the time of the crash, I immediately declared the incident to the Opposition Leader for the CLP," Ms Boothby said.
Toni Whitehurst said she will continue to fight for justice over her brother's death.
"I can't do anything to bring my brother back, but I can try and fight for justice," Ms Whitehurst told NITV News.
The Kunwinjku man has been remembered by his family as a "kind" and "loving" person.
"He didn't care about where you come from, what your colour, which area you stay," his sister said.
"He was a good humble person."
In a statement the North Australian Aboriginal Justice Agency (NAAJA) said it is "assisting the family to explore further options for seeking appropriate justice".
Ms Whitehurst said her family has been advised by police there are no further avenues to seek additional penalties for Danby in the criminal justice system.
