<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>WARNING: This article contains the names of deceased Indigenous people.</span></strong><span></span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The family of an Aboriginal man fatally run down before the driver bragged about his death are angry and heartbroken after their brother's killer has again avoided jail on appeal.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>In June 2024, Jake Danby hit two Aboriginal men with his car on a Darwin street, killing one and injuring the other.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He was handed a 12-month community corrections order, with five months in home detention.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Following public uproar the Northern Territory Director of Public Prosecutions appealed the sentence as "manifestly inadequate".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>On Friday, Danby's home detention was increased from five months to two years, as three Court of Criminal Appeal judges upheld the application.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Delivering their decision in Darwin, Chief Justice Michael Grant said Danby would also be required to wear an electronic monitoring device.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/darwin-hit-run-news-victim-family/c83a0d0f-6d33-4b80-9a36-f978a51a040b" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But the family of the victim, known as Mr Whitehurst for cultural reasons, have expressed their anger and sadness over the latest punishment.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I have a lot of questions, but right now, my heart is just broken," Toni Whitehurst said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I'm strong but I got upset when I was told the new sentence. It's not fair, he (Danby) is still out there, there is no justice."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It emerged in his earlier court case that the 24-year-old driver had bragged in text messages that the man he killed was an "oxygen thief" and he would not go to jail.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He called it a "two for one combo" and texted it was "pretty funny watching them roll around on the road after going over my bonnet".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Ms Whitehurst said those words continue to hurt the grieving family, as she rubbished the new punishment.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Prosecutors argued on appeal on December 11 that the text messages elevated Danby's crime to the aggravated level.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Prosecutor Pat Williams said a jail term of more than two years was required given the seriousness of the offending and public expectations.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But defence counsel Jon Tippett said the sentencing judge had taken note of Danby's text messages and while being appalled by them gave them appropriate weight.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Supreme Court Justice Sonia Brownhill had given his client a chance of rehabilitation and counselling and he was abiding by his corrections order amid public condemnation of his actions, the defence said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The renunciation in this case has been a tarring and feathering by the community," Tippett said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Courts shouldn't sentence people on the basis of their stupidity or vile comments, he said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Mr Whitehurst's nephews often ask where their uncle is and remember him as a funny, humble and kind man.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"They miss him," Ms Whitehurst said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Danby was not in court on Friday and Tippett declined to comment on the revised sentence outside court.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>NT Attorney-General Marie-Clare Boothby has come under fire over the Danby case, accused of not reporting a conflict of interest after it emerged he was her sister's stepson.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Boothby said she never attempted to hide the fact Danby was an extended family member and at no time was she or her office involved in the criminal matter.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><em><span>NEVER MISS A STORY:</span></em></strong><span> </span><em><span>Get your breaking news and exclusive stories first by following us across all platforms.</span></em></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><ul><li><strong><em><span>Download the 9NEWS App here via</span></em></strong><span> </span><a href="https://apps.apple.com/au/app/9news/id1010533727" target="_blank"><strong><em><span>Apple</span></em></strong></a><span> </span><strong><em><span>and</span></em></strong><span> </span><a href="https://play.google.com/store/apps/details?id=nineNewsAlerts.nine.com&amp;hl=en_AU&amp;pli=1" target="_blank"><strong><em><span>Google Play</span></em></strong></a></li><li><strong><em><span>Make 9News your preferred source on Google by</span></em></strong><span> </span><a href="https://9.nine.com.au/8x987w" target="_blank"><strong><em><span>ticking this box here</span></em></strong></a></li><li><strong><em><span>Sign up to</span></em></strong><span> </span><a href="https://login.nine.com.au/edm?client_id=nineatnine" target="_blank"><strong><em><span>our breaking newsletter here</span></em></strong></a></li></ul></div></div>