Brett Button’s Hunter Valley bus crash sentence appeal dismissed
A father who lost his son in the Hunter Valley bus crash tragedy has expressed a “sigh of relief” after driver Brett Button’s appeal against his 32-year jail sentence was shut down.
A father who lost his son in the Hunter Valley bus crash tragedy has expressed a “sigh of relief” after driver Brett Button’s appeal against his 32-year jail sentence was shut down.
Brett Andrew Button, 60, caused the horrific crash which saw the bus he was driving roll on Wine Country Dr near Greta on June 11, 2023, and kill 10 people coming home from a Hunter Valley wedding.
Darcy Bulman, Rebecca Mullen, Zachary Bray, Andrew Scott and his wife Lynan Scott, Tori Cowburn, Angus Craig, Nadene McBride, her daughter Kyah McBride and Kyah’s partner Kane Symons all died in the tragedy.
Another 25 wedding guests were injured – with multiple passengers suffering serious injuries in the carnage of one of Australia’s worst bus crashes.
Adam Bray, the father of 29-year-old Zach Bray, watched the judgement in the Court of Criminal Appeal online from Indonesia on Friday and said he and other families were relieved Button’s appeal had been rejected.
“It’s regrettable and unfortunate that all individuals who are heavily affected by this tragedy needed to be dragged back into the events of the 11th of June, 2023,” he said.
“It’s just more stress, more pressure. We’ve been sitting there for a month, not knowing if this appeal was going to be dismissed or not.
“We were satisfied that justice had been served with respect to the gravity of the crimes and the multitude of suffering that was caused by this tragedy.”
“The DPP have done their job exceptionally well, it is relief for all of us and not celebratory it’s just relief.
“Families are very happy with the outcome. It is a weight off their shoulders.”
But with another two court cases Mr Bray is leading, including a class action in the Supreme Court of NSW seeking compensation for families, survivors and first responders, it’s far from over.
“We’re a long way from the finish line because there is multiple parties who have not performed, failed in their duty of care,” Mr Bray added.
“Yes I am relieved but it is a tick on one box, there’s another two open, I would love to say it is all over and I can continue my healing.”
“Everything I do is for my son Zach and I am empowered by him everyday and to do what he would have done if he was here, for justice.”
Button pleaded guilty to 10 counts of dangerous driving occasioning death, nine of dangerous driving occasioning grievous bodily harm and 16 counts of driving furiously in a motor vehicle to cause bodily harm.
He was originally charged with 10 counts of manslaughter, but struck a plea deal to downgrade those charges.
Button appealed the severity of his sentence and two findings, with his defence team arguing it was too severe and “manifestly excessive”, that the sentencing judge erred in finding he “drove knowing he was under the influence of opioid painkiller Tramadol”, and a finding that the relevant tipping threshold for the bus was 31km/h.
But on Friday his appeal was rejected, with his 32-year jail sentence handed down in Newcastle District Court in September last year, with a non-parole period of 24 years, to stand.
In their judgement the CCA panel found all three grounds of appeal were not established.
It reiterated that Button knew he was under the influence of Tramadol having consumed a quantity of the drug well over the prescribed dosage limit.
There was no material error in the finding that the highest recorded bus speed was nearly twice the estimated rollover tipping point speed of 31km/h.
And it was also determined that the sentence was not “manifestly excessive”, nor unreasonably or plainly unjust and did not occur in mere happenstance or chance.
The judgement stated Button engaged in undoubtedly risk-taking behavior and breached his duty to ensure the safety of the very passengers he was engaged to convey.
He will be eligible for release in 2048.
Originally published as Brett Button’s Hunter Valley bus crash sentence appeal dismissed
