Northern Territory DPP appeals driver sentence after fatal hit and run in Darwin

ABC NEWS (Australia)

Torres Strait Islander viewers are advised this story features the image of a man who has died. The Northern Territory's director of public prosecutions has filed an appeal over the sentence of a driver who killed a pedestrian in a hit-and-run in Darwin. The DPP says the 12-month community corrections sentence is manifestly inadequate. 24-year-old Jake Danby avoided jail time after hitting two Aboriginal pedestrians with his car last June, fleeing the scene, then boasting about it to friends. One of the victims, referred to as Mr Whitehurst for cultural reasons, died in hospital from his injuries.

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00:00In June 2024, Jake Damby struck and killed an Aboriginal man with his car.

00:07He was 39 years old and he is referred to as Mr Whitehurst for cultural reasons.

00:13He also struck another Aboriginal pedestrian who managed to survive the crash.

00:18In text messages sent after the crash, he described his victims using the N-word, a racial slur,

00:25as well as the term dogs and oxygen thieves.

00:28And he described the incident as a two-for-one combo.

00:32He pleaded guilty to one count of hidden run driving causing death.

00:36And during sentencing, Justice Sonia Brownhill described his comments as showing shockingly

00:42callous disregard for the welfare of his victims.

00:45But she accepted that he showed remorse, had good prospects of rehabilitation and no previous

00:51history of criminal offending, as well as a strong employment record.

00:54And for this reason, she sentenced him to a 12-month community corrections order, including

00:59five months of home detention.

01:02Now, it will be up to the courts to decide whether that appeal is allowed, but it's been welcomed

01:07by the chairperson of the North Australian Aboriginal Justice Agency, Teresa Rowe.

01:12If it was done by an Aboriginal person, we think that, you know, they would have put him in

01:18jail and thrown away the key.

01:20Today, it's also been revealed that Jake Danby is Northern Territory Attorney General

01:25Marie-Claire Boothby's sister's stepson.

01:28But she didn't disclose this at a press conference earlier this week when she was asked directly

01:33about the incident.

01:35Now, the shadow Attorney General, Chancey Paik, is calling for her resignation.

01:40Look, it's absolutely shocking and appalling.

01:42But in a statement, Marie-Claire Boothby says, at no time has she or her office been involved

01:47in the matter, either in opposition or upon change of government.

01:51At all times, she says she has acted with integrity in carrying out her functions as Attorney

01:56General.

01:57Chief Minister Leah Finocchiaro has also said that she has full confidence in Attorney General

02:03Marie-Claire Boothby.

02:04She has always acted and will continue to act with the utmost integrity, as do all members

02:10of our disciplined and diverse team, the Chief Minister said.

02:13She says Marie-Claire Boothby declared the matter immediately and that she has had no involvement.

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