Family of Montague St bridge crash bus driver Jack Aston shattered at sentence imposed on him
The family of a bus driver jailed for more than five years for smashing into the notorious Montague St bridge say the sentence is too harsh for the “good man” who made a mistake.
Law & Order
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The family of a bus driver jailed for more than five years for smashing into the notorious Montague St bridge is rallying against the sentence.
Jack Aston was this week jailed for five years and three months, and ordered to serve at least 2½ years of that term, over the non-fatal crash in February 2016.
He plans to appeal the sentence that has sparked widespread debate, as his family slammed it as too harsh.
The most recent available data from the Sentencing Advisory Council reveals that the most common length of imprisonment imposed for the offence of culpable driving causing death was between five and six years imprisonment.
People convicted of negligently causing serious injury, to which Aston was convicted of six counts, were also most commonly jailed for the same amount of time.
Aston’s wife Wendy said on Thursday the family was shattered by the sentence saying her husband had never been in court in his life.
“To have such a clean slate with Jack, such a community person, father, good worker, he’s never been on the dole, the whole bit, it doesn’t make sense,” she said.
“It was just an honest mistake.”
Aston was taken into custody after a pre-sentence hearing last week, so the family knew to prepare for a jail term when he was sentenced on Monday. But Mrs Aston said the family were in complete shock when Judge Bill Stuart passed sentence.
“It’s just so extreme, there really is no comparison,” she said.
Recent similar cases include:
A KILLER driver jailed for just nine months, and ordered to complete a community corrections order after that, for killing a cyclist when she drove onto the wrong side of the road while trying to connect her mobile to her car’s Bluetooth;
A MAN sentenced to a 12-month minimum, with a five-year maximum, for a fatal crash that left his daughter dead after he fell asleep at the wheel and slammed into a tree. Traces of cannabis and methylamphetamine were found in his blood but not blamed for the crash;
A DRUNK mum who walked free from court on a community corrections order despite being more than five times the legal limit when she crashed with a seven-month-old disabled baby on board. Her victim has been unable to work since; and
A MOTORCYCLIST handed a minimum four year and nine month jail term for causing a fatal crash while drunk, killing his mate.
In each case the accused pleaded guilty, which attracts a big sentencing discount.
Mrs Aston said her husband fought the charges on the basis he made a genuine and honest mistake.
Aston’s daughter Meg said the family had received widespread support since the sentence.
“Dad is a good man, there are lots of people behind him,” she said.
“We’ve received heaps of phone calls and messages from people, it was just an accident, it was so unfair,” she said.
The family is campaigning to have the bridge pulled down, with a protest planned at the site on Sunday.
An online petition has already attracted more than 200 signatures urging premier Daniel Andrews to intervene.
“Jack accidentally hit a bridge causing injuries but no deaths, he is a hard working family man. He didn’t break in to anyone’s home … (he is) not on drugs. People for home invasion and assault get less,” it says.
Aston himself was seriously injured in the crash. Six of his 14 passengers suffered a range of injuries including spine fractures, glass particles in the face, scalp injuries and neck fractures.
Judge Stuart described it as “astonishing” that Aston didn’t see the bridge ahead of the crash.
“Why it was that you were so grossly inattentive to your obligations is unknown to me,” Judge Stuart said.
He dismissed the defence’s claim Aston was confused and unfamiliar with the area.
“Any driver unfamiliar with the road would be expected to be ever-more vigilant,” he said.
“This is a bridge … that is very low, indeed the lowest in the metropolitan network.”
Aston is yet to formally lodge an appeal with the Supreme Court.
