Greta bus crash driver claims judge erred over painkiller, tipping point findings
Brett Andrew Button was in September jailed for a maximum of 32 years, with a non-parole period of 24 years, after he pleaded guilty to dozens of charges over the crash, including 10 counts of dangerous driving occasioning death.
His lawyers, Newcastle firm O'Brien Winter Partners, quickly filed a notice of intention to appeal following the sentence, indicating they planned to take an appeal against its severity to the state's highest court.
The appeal was mentioned for the first time in the Court of Criminal Appeal on Thursday and a two-hour hearing was set down for October 3.
Button was excused from appearing during the brief mention, during which the court heard his lawyers had filed three grounds of appeal in a bid to have his jail term reduced.
Those grounds of appeal include that Judge Roy Ellis erred in finding Button "drove knowing that he was under the influence of opioid painkiller Tramadol" and in finding that the "relevant tipping threshold for the bus was 31km/h", the CCA revealed on Thursday.
The final ground of appeal is that the maximum 32-year jail term is "manifestly excessive in all the circumstances".
It was supposed to be a happy occasion, a large number of passengers catching a bus home from a wedding in the Hunter Valley late on the night of June 11, 2023.
But a combination of prescription painkillers, bravado, speed and stupidity turned the roundabout on Wine Country Drive into a "war zone" when the 57-seater coach Button was driving tipped over, killing 10 wedding guests and injuring 25 other passengers, including nine seriously.
Darcy Bulman, Rebecca Mullen, Zachary Bray, Tori Cowburn, Angus Craig, Kane Symons, mother and daughter Nadene and Kyah McBride, and husband and wife Andrew and Lynan Scott, all lost their lives.
In May last year, Button pleaded guilty to 10 counts of dangerous driving occasioning death after the DPP agreed to withdraw 10 counts of manslaughter, a decision that angered and devastated some family members of the victims.
The Newcastle Herald reported Button was dosed up on prescription painkiller Tramadol and had ignored pleas from wedding guests to slow down, instead hitting the accelerator and giving a chilling warning that "this next part's going to be fun" before the bus rolled over.
Button faced a marathon sentence hearing in Newcastle District Court in September and sat and listened as more than 40 grieving family members, survivors, and the injured tried to put into words the gravity of their loss and their relentless physical and mental suffering in powerful victim impact statements.
Judge Ellis said he had worked in the legal system for more than half a century, and had been on the district court bench for more than 20 years, but had never come across a case so devastating.
Judge Ellis said Button had a duty of care as a professional driver to get the wedding guests home unscathed.
"I am satisfied that his driving demonstrates that he had abandoned his responsibility to ensure the safety of his passengers," he said.
After Judge Ellis jailed Button until at least 2048, the families of the victims let out cries and said "thank you".
They later welcomed the sentence, saying that while nothing could bring their loved ones back, the maximum 32-year jail term at least held Button responsible for the crash.
As well as Button's severity appeal, there are a number of other criminal and civil proceedings that have spawned since the bus crash.
The families of the victims have filed a class action lawsuit against Transport for NSW. Recently, bus company Linq Buslines and its directors and managers have been charged with alleged heavy-vehicle law breaches.
The bus driver who caused the horror crash at Greta that killed 10 wedding guests and seriously injured 25 others will in October argue a judge erred in finding he knew he was under the influence of opioid painkillers when he seeks to have years shaved off his decades-long jail term.
Brett Andrew Button was in September jailed for a maximum of 32 years, with a non-parole period of 24 years, after he pleaded guilty to dozens of charges over the crash, including 10 counts of dangerous driving occasioning death.
His lawyers, Newcastle firm O'Brien Winter Partners, quickly filed a notice of intention to appeal following the sentence, indicating they planned to take an appeal against its severity to the state's highest court.
The appeal was mentioned for the first time in the Court of Criminal Appeal on Thursday and a two-hour hearing was set down for October 3.
Button was excused from appearing during the brief mention, during which the court heard his lawyers had filed three grounds of appeal in a bid to have his jail term reduced.
Those grounds of appeal include that Judge Roy Ellis erred in finding Button "drove knowing that he was under the influence of opioid painkiller Tramadol" and in finding that the "relevant tipping threshold for the bus was 31km/h", the CCA revealed on Thursday.
The final ground of appeal is that the maximum 32-year jail term is "manifestly excessive in all the circumstances".
It was supposed to be a happy occasion, a large number of passengers catching a bus home from a wedding in the Hunter Valley late on the night of June 11, 2023.
But a combination of prescription painkillers, bravado, speed and stupidity turned the roundabout on Wine Country Drive into a "war zone" when the 57-seater coach Button was driving tipped over, killing 10 wedding guests and injuring 25 other passengers, including nine seriously.
Darcy Bulman, Rebecca Mullen, Zachary Bray, Tori Cowburn, Angus Craig, Kane Symons, mother and daughter Nadene and Kyah McBride, and husband and wife Andrew and Lynan Scott, all lost their lives.
In May last year, Button pleaded guilty to 10 counts of dangerous driving occasioning death after the DPP agreed to withdraw 10 counts of manslaughter, a decision that angered and devastated some family members of the victims.
The Newcastle Herald reported Button was dosed up on prescription painkiller Tramadol and had ignored pleas from wedding guests to slow down, instead hitting the accelerator and giving a chilling warning that "this next part's going to be fun" before the bus rolled over.
Button faced a marathon sentence hearing in Newcastle District Court in September and sat and listened as more than 40 grieving family members, survivors, and the injured tried to put into words the gravity of their loss and their relentless physical and mental suffering in powerful victim impact statements.
Judge Ellis said he had worked in the legal system for more than half a century, and had been on the district court bench for more than 20 years, but had never come across a case so devastating.
Judge Ellis said Button had a duty of care as a professional driver to get the wedding guests home unscathed.
"I am satisfied that his driving demonstrates that he had abandoned his responsibility to ensure the safety of his passengers," he said.
After Judge Ellis jailed Button until at least 2048, the families of the victims let out cries and said "thank you".
They later welcomed the sentence, saying that while nothing could bring their loved ones back, the maximum 32-year jail term at least held Button responsible for the crash.
As well as Button's severity appeal, there are a number of other criminal and civil proceedings that have spawned since the bus crash.
The families of the victims have filed a class action lawsuit against Transport for NSW. Recently, bus company Linq Buslines and its directors and managers have been charged with alleged heavy-vehicle law breaches.
The bus driver who caused the horror crash at Greta that killed 10 wedding guests and seriously injured 25 others will in October argue a judge erred in finding he knew he was under the influence of opioid painkillers when he seeks to have years shaved off his decades-long jail term.
Brett Andrew Button was in September jailed for a maximum of 32 years, with a non-parole period of 24 years, after he pleaded guilty to dozens of charges over the crash, including 10 counts of dangerous driving occasioning death.
His lawyers, Newcastle firm O'Brien Winter Partners, quickly filed a notice of intention to appeal following the sentence, indicating they planned to take an appeal against its severity to the state's highest court.
The appeal was mentioned for the first time in the Court of Criminal Appeal on Thursday and a two-hour hearing was set down for October 3.
Button was excused from appearing during the brief mention, during which the court heard his lawyers had filed three grounds of appeal in a bid to have his jail term reduced.
Those grounds of appeal include that Judge Roy Ellis erred in finding Button "drove knowing that he was under the influence of opioid painkiller Tramadol" and in finding that the "relevant tipping threshold for the bus was 31km/h", the CCA revealed on Thursday.
The final ground of appeal is that the maximum 32-year jail term is "manifestly excessive in all the circumstances".
It was supposed to be a happy occasion, a large number of passengers catching a bus home from a wedding in the Hunter Valley late on the night of June 11, 2023.
But a combination of prescription painkillers, bravado, speed and stupidity turned the roundabout on Wine Country Drive into a "war zone" when the 57-seater coach Button was driving tipped over, killing 10 wedding guests and injuring 25 other passengers, including nine seriously.
Darcy Bulman, Rebecca Mullen, Zachary Bray, Tori Cowburn, Angus Craig, Kane Symons, mother and daughter Nadene and Kyah McBride, and husband and wife Andrew and Lynan Scott, all lost their lives.
In May last year, Button pleaded guilty to 10 counts of dangerous driving occasioning death after the DPP agreed to withdraw 10 counts of manslaughter, a decision that angered and devastated some family members of the victims.
The Newcastle Herald reported Button was dosed up on prescription painkiller Tramadol and had ignored pleas from wedding guests to slow down, instead hitting the accelerator and giving a chilling warning that "this next part's going to be fun" before the bus rolled over.
Button faced a marathon sentence hearing in Newcastle District Court in September and sat and listened as more than 40 grieving family members, survivors, and the injured tried to put into words the gravity of their loss and their relentless physical and mental suffering in powerful victim impact statements.
Judge Ellis said he had worked in the legal system for more than half a century, and had been on the district court bench for more than 20 years, but had never come across a case so devastating.
Judge Ellis said Button had a duty of care as a professional driver to get the wedding guests home unscathed.
"I am satisfied that his driving demonstrates that he had abandoned his responsibility to ensure the safety of his passengers," he said.
After Judge Ellis jailed Button until at least 2048, the families of the victims let out cries and said "thank you".
They later welcomed the sentence, saying that while nothing could bring their loved ones back, the maximum 32-year jail term at least held Button responsible for the crash.
As well as Button's severity appeal, there are a number of other criminal and civil proceedings that have spawned since the bus crash.
The families of the victims have filed a class action lawsuit against Transport for NSW. Recently, bus company Linq Buslines and its directors and managers have been charged with alleged heavy-vehicle law breaches.
The bus driver who caused the horror crash at Greta that killed 10 wedding guests and seriously injured 25 others will in October argue a judge erred in finding he knew he was under the influence of opioid painkillers when he seeks to have years shaved off his decades-long jail term.
Brett Andrew Button was in September jailed for a maximum of 32 years, with a non-parole period of 24 years, after he pleaded guilty to dozens of charges over the crash, including 10 counts of dangerous driving occasioning death.
His lawyers, Newcastle firm O'Brien Winter Partners, quickly filed a notice of intention to appeal following the sentence, indicating they planned to take an appeal against its severity to the state's highest court.
The appeal was mentioned for the first time in the Court of Criminal Appeal on Thursday and a two-hour hearing was set down for October 3.
Button was excused from appearing during the brief mention, during which the court heard his lawyers had filed three grounds of appeal in a bid to have his jail term reduced.
Those grounds of appeal include that Judge Roy Ellis erred in finding Button "drove knowing that he was under the influence of opioid painkiller Tramadol" and in finding that the "relevant tipping threshold for the bus was 31km/h", the CCA revealed on Thursday.
The final ground of appeal is that the maximum 32-year jail term is "manifestly excessive in all the circumstances".
It was supposed to be a happy occasion, a large number of passengers catching a bus home from a wedding in the Hunter Valley late on the night of June 11, 2023.
But a combination of prescription painkillers, bravado, speed and stupidity turned the roundabout on Wine Country Drive into a "war zone" when the 57-seater coach Button was driving tipped over, killing 10 wedding guests and injuring 25 other passengers, including nine seriously.
Darcy Bulman, Rebecca Mullen, Zachary Bray, Tori Cowburn, Angus Craig, Kane Symons, mother and daughter Nadene and Kyah McBride, and husband and wife Andrew and Lynan Scott, all lost their lives.
In May last year, Button pleaded guilty to 10 counts of dangerous driving occasioning death after the DPP agreed to withdraw 10 counts of manslaughter, a decision that angered and devastated some family members of the victims.
The Newcastle Herald reported Button was dosed up on prescription painkiller Tramadol and had ignored pleas from wedding guests to slow down, instead hitting the accelerator and giving a chilling warning that "this next part's going to be fun" before the bus rolled over.
Button faced a marathon sentence hearing in Newcastle District Court in September and sat and listened as more than 40 grieving family members, survivors, and the injured tried to put into words the gravity of their loss and their relentless physical and mental suffering in powerful victim impact statements.
Judge Ellis said he had worked in the legal system for more than half a century, and had been on the district court bench for more than 20 years, but had never come across a case so devastating.
Judge Ellis said Button had a duty of care as a professional driver to get the wedding guests home unscathed.
"I am satisfied that his driving demonstrates that he had abandoned his responsibility to ensure the safety of his passengers," he said.
After Judge Ellis jailed Button until at least 2048, the families of the victims let out cries and said "thank you".
They later welcomed the sentence, saying that while nothing could bring their loved ones back, the maximum 32-year jail term at least held Button responsible for the crash.
As well as Button's severity appeal, there are a number of other criminal and civil proceedings that have spawned since the bus crash.
The families of the victims have filed a class action lawsuit against Transport for NSW. Recently, bus company Linq Buslines and its directors and managers have been charged with alleged heavy-vehicle law breaches.
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The Advertiser
2 days ago
- The Advertiser
Driver denies opioid 'influence' on fatal bus trip
A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. He claims Judge Ellis was wrong to find he was driving under the influence of Tramadol at the time of the accident. He also contests a finding the speed required to tip the bus over was only 31km/h. Button entered the roundabout at an estimated 52km/h before accelerating to about 56km/h, the District Court was earlier told. "In all of the circumstances, the aggregate sentence of 32 years with a non-parole period of 24 years was manifestly excessive," his grounds of appeal read. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. A psychological report for Button and several references attesting to his good character will be considered by the court. The bus driver will not appeal against his conviction. Prosecutors dropped 10 counts of manslaughter as part of a plea deal. Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high. A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. He claims Judge Ellis was wrong to find he was driving under the influence of Tramadol at the time of the accident. He also contests a finding the speed required to tip the bus over was only 31km/h. Button entered the roundabout at an estimated 52km/h before accelerating to about 56km/h, the District Court was earlier told. "In all of the circumstances, the aggregate sentence of 32 years with a non-parole period of 24 years was manifestly excessive," his grounds of appeal read. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. A psychological report for Button and several references attesting to his good character will be considered by the court. The bus driver will not appeal against his conviction. Prosecutors dropped 10 counts of manslaughter as part of a plea deal. Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high. A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. He claims Judge Ellis was wrong to find he was driving under the influence of Tramadol at the time of the accident. He also contests a finding the speed required to tip the bus over was only 31km/h. Button entered the roundabout at an estimated 52km/h before accelerating to about 56km/h, the District Court was earlier told. "In all of the circumstances, the aggregate sentence of 32 years with a non-parole period of 24 years was manifestly excessive," his grounds of appeal read. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. A psychological report for Button and several references attesting to his good character will be considered by the court. The bus driver will not appeal against his conviction. Prosecutors dropped 10 counts of manslaughter as part of a plea deal. Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high. A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. He claims Judge Ellis was wrong to find he was driving under the influence of Tramadol at the time of the accident. He also contests a finding the speed required to tip the bus over was only 31km/h. Button entered the roundabout at an estimated 52km/h before accelerating to about 56km/h, the District Court was earlier told. "In all of the circumstances, the aggregate sentence of 32 years with a non-parole period of 24 years was manifestly excessive," his grounds of appeal read. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. A psychological report for Button and several references attesting to his good character will be considered by the court. The bus driver will not appeal against his conviction. Prosecutors dropped 10 counts of manslaughter as part of a plea deal. Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high.
Sky News AU
3 days ago
- Sky News AU
Hunter Valley bus crash driver to appeal ‘manifestly excessive' 32-year prison sentence
The driver who crashed a bus in the Hunter Valley, killing 10 people and injuring 25 more, has made a move to appeal the severity of his 32-year prison sentence. Brett Button was handed the sentence in Newcastle District Court in September 2024, which included a non-parole period of 24 years. The registrar of the NSW Court of Criminal Appeal confirmed the driver would appeal the sentence, and the matter was heard briefly in Sydney's Court of Criminal Appeal on Thursday. Button is appealing on the grounds that his prison term was manifestly excessive, that the sentencing judge erred in finding he 'drove knowing he was under the influence' of painkiller Tramadol, and that the tipping threshold for the bus was 31km/h. The court had earlier heard Button had taken more Tramadol than his prescribed dose on the day of the crash, and a pain specialist had found he was addicted to the painkiller. He pleaded guilty last year to 10 counts of dangerous driving occasioning death, downgraded from 10 counts of manslaughter, as well as nine counts of dangerous driving causing grievous bodily harm, and 16 counts of driving furiously in a motor vehicle to cause bodily harm. The Crown prosecutor described Button's appeal as 'unusual,' and the process would take some time. 'As I indicated, a number of victim impact statements, medical reports … quite a volume of documentary evidence,' she said. The appeal will be heard on October 3. 10 people were killed in the crash including, Zach Bray, Darcy Bulman, Rebecca Mullen, Kyah McBride, Nadene McBridge, Kane Symons, Tori Cowburn, Angus Craig, and Andrew and Lynan Scott. It has been two years since the crash on Wine Country Drive in Greta on June 11, 2023.
7NEWS
3 days ago
- 7NEWS
Driver appeals sentence over deadly wedding bus crash
A wedding bus driver impaired by an opioid during a horror crash that killed 10 people has appealed against his 32-year jail sentence. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the deadly crash, which also injured 25 people, in the NSW Hunter Valley region in June 2023. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. At the time, NSW District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. Button has filed a challenge to his sentence which was briefly heard in the NSW Court of Criminal Appeal on Thursday. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. The court will consider a psychological report for Button and several references attesting to his good character. The bus driver will not be appealing against his conviction. He pleaded guilty in the District Court to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. Button was told in 2022 that he was dependent on the opioid Tramadol. He admitted taking more than the prescribed amount prior to the crash. The vehicle entered a roundabout on Wine Country Drive on the way to Singleton after a wine estate wedding at an estimated 52km/h. It then accelerated to about 56km/h when on the roundabout, the District Court was earlier told. The speed required to tip the bus over was only 31km/h. A class action has been filed by those injured and family members of the deceased against the NSW government alleging failings in the design of the roundabout. The speed limit through the interchange was also allegedly too high.
