A dreadful hit-and-run case in Darwin has sparked outrage at a manifestly inadequate sentence handed down to Jake Danby, a white lad who fled after killing an Indigenous man, Elijah Whitehurst, and seriously injuring another man while they were crossing the road.

Justice Sonia Brownhill handed Danby, 23-years-old at the time of the offence, a 12 months Intensive Community Corrections Order, with the first five months to be served at home.

The DPP is to appeal the sentence.

The case also saw an angry Chief Justice Michael Grant fire off a blistering missive to Leonique Swart, the Acting CEO of the Department of Attorney General and Justice, accusing her of interfering with the court’s independence.

Grant had prepared a media release dealing with aspects of the critical media coverage of the case and asked the court’s PR man, Xavier La Canna, to release it to the local news reptiles.

In accordance with an informal protocol, and as a courtesy, the AG and the department’s chief executive are given advance notice of any of the court’s public communications.

On this occasion, the acting CEO of the department, without consulting the CJ, vetoed the release of the statement to the media.

The department unilaterally decided that anything from the “court spokesman” has to be approved by the top brass at the Justice Department.

Grant was incandescent and fired off a rebuke … transcribed here in full. He gingerly had to explain to the muddled Mandarin about the separation of powers.

“I’ve had no further communication with the Executive in relation to communications with the media until I was advised of this new ‘policy’, which apparently and notably does not exist in any written form.

I am extremely disturbed that you have purported to interfere with the Court’s independence and operations in this fashion and more disturbed that you have done so without making any attempt to discuss the matter with me. Please confirm without delay that you will no longer seek to interfere in this well-established function to the Supreme Court, and that you will not purport to exercise any right of veto concerning statements by the Supreme Court to media organisations under the name of a ‘Government spokesperson’.” 

Another concerning wrinkle in the story concerns the feckless NT Attorney General, Marie-Clare Boothby. When she commented about the Danby case she did not disclose that the offender was her sister’s stepson.

Nor was that fact revealed by the Chief Minister prior to the NT election – even though she was fully aware of Boothby’s connection to Danby.

The NT Independent called for Boothby’s resignation, saying she is “completely out of her depth”, describing her as Chief Minister Lia Finocchiaro’s “useful idiot”.

The National Indigenous News pointed out that this CLP government has a “tough on crime” agenda, but not when it comes to convicted white hit-and-run offenders.

Brownhill succeeded Michael Grant as the NT’s Solicitor General before being sent to the Supreme Court in 2020.

In her sentencing reasons she pointed to Danby’s remorse, that he pleaded guilty, was a first-time offender, had nice character references, and good prospects of rehabilitation.

In Mason v The King the NT Court of Criminal Appeal observed that 22 sentences imposed for hit-and-run offences between 2010-2022 ranged from home detention for 12 months to imprisonment for five years, before the discount for the plea.

In Danby’s case Brownhill said that the sentencing considerations relating to deterrence and denunciation “can be adequately addressed” with an Intensive Community Corrections Order.

Just over a month before Denby was sentenced, Acting Justice Lex Lasry sentenced a 36-year-old Indigenous man, Stephen Rioli, to three years and six months imprisonment with 18 months non-parole.

He had been charged with dangerous driving causing death and with failing to stop after an accident, after he struck and killed a young Aboriginal woman on a dark road at night, doing approximately 70 kph where there was a speed limit of 60 kph.

A minute after the accident Rioli walked back to the victim and tried to pick her up and and move her off the road. He couldn’t manage to do that, so he went a short distance to his home to wake his partner and told her what had happened.

He returned to the scene of the accident, contacted emergency services and waiting until they arrived.

Lasry found Rioli to be a man of good character, remorseful, no relevant priors, but was morally culpable.

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There were a series of abusive, racist, and cruel text messages that young Jake Danby sent on the evening after he ran over and killed Elijah Whitehurst.

Brownhill skated over this saying they were “shockingly callous”. They were many degrees worst than that and are worth quoting:

“Two for one combo, 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.

Nah cunt, I’m on a comedown from work. I ain’t stopping for no one.

I couldn’t stop. I’d rather get done for hit and run than stay and get tested. It was an easy choice Buddha. I need me licence.

Nah, they were rolling all over the road like bitches when I looked in my rear view mirrors.

The world needs cunts like me to take a hit to teach these cunts a life long lesson.

I hit the cunts at like 80kms. One of the blokes elbow went through my windscreen, so I reckon one of them has gotten at least a fucked elbow. I tried to slow down, so I maybe hit them at like 60-70. Maybe if I’m lucky I’ll be able to claim his Centrelink for taking out another oxygen thief.

Cops looking for me. They rocked up at my old man’s.

They wanna drug test me and I smashed a P after work. My life fucked again all cause some niggas can’t use a crossing at the lights that was literally 10 metres from where I hit the dogs. 2 niggas jumped out onto the road and I hit them. Tried to slow down but the dumb cunts were jaywalking.

[snip]

I do have to hand myself in but I aint getting jail time. I’m a Danby, we don’t go to jail. It’s amazing how much lawyers fight for you like it’s life and death when you know you can pay whatever fee they pull out of their ass. I’m not even a fugitive cause I haven’t ran from court. They just after me for a statement, inspect the vehicle and to breath test me cause these cunts reported me as a hit n run so it’s just standard procedure.” 

Leonique Swart later told the ABC’s Darwin bureau that the Chief Justice’s concerns were the result of a “miscommunication”.

Grant CJ’s letter to the Acting CEO of AG and Justice

Justice Brownhill’s sentencing reasons The King v Jake Philip Danby

Acting Justice Lasry’s sentencing: The King v Stephen Joseph Rioli