3 days ago
Greta bus crash driver claims judge erred over painkiller, tipping point findings
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.
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.
