Appeal win for Jack Aston following prison sentence for CBD bus crash
Jack Aston, the bus driver sentenced to more than five years for the Montague St crash in 2016, could be home for Christmas after winning his appeal following a prosecution blunder.
VIC News
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A prosecution blunder has seen Montague St crash bus driver Jack Aston win his appeal.
Court of Appeal judges Phillip Priest, Stephen Kaye and David Beach quashed his conviction after finding there was a “substantial miscarriage of justice” in Aston’s County Court trial.
Aston, 55, was jailed for five years and three months after he failed to notice warning signs and crashed his Gold Bus Ballarat vehicle into the notoriously low bridge in Melbourne’s CBD, injuring six passengers, on February 22, 2016.
He was ordered to serve at least 2½ years before being eligible for parole.
A jury found Aston guilty on six counts of negligently causing serious injury.
Justices Priest, Kaye and Beach agreed with Aston’s barrister Catherine Boston the prosecution had erred by not declaring there was a statutory alternative charge of dangerous driving causing serious injury, which holds a much lower maximum penalty.
Justice Priest remarked the error was “absolutely remarkable”.
“The prosecution has failed in this case,” Justice Kaye added.
“We have concluded there is a substantial miscarriage of justice.”
The three judges then acquitted Aston on the negligently cause serious injury charges.
They plan to resentence him on six counts of dangerous driving causing serious injury.
Ms Boston said her client should be released on time already served — 299 days — and placed on a Community Correction Order (CCO).
“Mr Aston has always been very, very sorry,” Ms Boston said. “It’s a mistake that he made, a grave mistake.”
She said he had lived an “exemplary life” before the crash, and now suffers Post Traumatic Stress Disorder.
The court proceeding had earlier hit a hitch when prosecutor Fran Dalziel pushed for Aston to face a retrial — a move Justice Kaye labelled “very disappointing”.
“The alternative charge is a serious charge. It’s not a case where he would be getting off,” Justice Kaye said.
Ms Dalziel accepted the experienced judge’s advice to seek further instructions, and on returning after a short break, the retrial push was dropped.
She said it would be “appropriate” and “in the interest of justice” for the appeal judges to resentence Aston on the alternative charges.
Justice Priest said it was “a very sensible” approach.
He set aside Aston’s conviction and sentence and ordered he be assessed for a CCO.
Justice Priest did not accept Ms Boston’s suggestion Aston be released on bail in the meantime.
As Aston was lead out of the courtroom by custody officers, his family and friends wiped away tears and clapped and cheered, “On you, Jack”.
Outside court, his wife Wendy, and their two children, Ben and Meg, had beaming smiles and spoke of their relief he would be home soon.
“We’ve just got to be patient,” Mrs Aston said. “We just want him home.”
She said they always knew there had been an injustice.
The first thing her husband would do when he got home would lay on the ground so his two dogs could jump all over him, she said.
Mrs Aston thanked the community for their support, saying letters received had really helped.
Daughter Meg fought back tears as she said how hard it had been visiting her dad in prison.
“It breaks my heart,” she said, adding how she was “a little bit relieved” at today’s result.
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Earlier, Ms Boston had told the court Aston “made a mistake” when he crashed into Montague St bridge.
“He’s not a criminal and does not deserve to be behind bars,” Ms Boston said.
“He wasn’t drunk. He wasn’t on ice or any other drugs. He wasn’t speeding. He wasn’t using his mobile phone or changing the radio.”
She said he was an experienced bus driver who had never had any complaints against him.
But Ms Dalziel argued Aston had more than enough warning the bridge was approaching.
“It’s not something that leapt out at Mr Aston,” she said. “It’s a very substantial structure.
“It’s obviously low as you are driving towards it.”
For Mr Aston to tell police “I didn’t see it” is a “substantial breach of his duty”, she said.
Aston was remanded in custody and will be resentenced at a later date.