Hunter Valley Bus Tragedy: Driver Appeals 32-Year Jail Sentence
Brett Button, the driver responsible for the Hunter Valley bus crash that killed 10 people and injured 25 in June 2023, is appealing his 32-year jail sentence. He argues the sentence is "manifestly excessive". The appeal hearing took place in the NSW Court of Criminal Appeal in Newcastle.
The Crash and Initial Sentencing
Button, 60, was driving under the influence of the opioid painkiller Tramadol when the bus, carrying wedding guests, crashed near Greta, NSW. The bus entered an elliptical roundabout, tipped over, and hit a guardrail. He was initially sentenced to 32 years in prison with a non-parole period of 24 years after pleading guilty to 35 different criminal charges.
Paul Rosser KC, Button's lawyer, argued that the aggregate sentence was "manifestly unjust and unfair" and that there had been "double counting" between the charges. He stated this error took the sentence "into the stratosphere".
Button's Arguments and the Prosecution's Response
Button has also argued the sentencing judge erred in finding he knew he was under the influence of Tramadol and in determining the bus's tipping point was 31km/h. Button claimed he didn't realize he was impaired, stating, "I never felt affected by Tramadol."
Sally Dowling SC, the Director of Public Prosecutions, rebutted these claims, arguing Button should have been aware of Tramadol's effects, especially since he had been previously stood down from a prior bus driver job due to concerns about his opioid use. She noted that Button did not disclose his Tramadol use when hired by Linq Buslines.
Ms. Dowling added that a traffic expert determined the bus was at risk of tipping at 47km/h at the point of the crash, and the vehicle was traveling over 56km/h. She argued the sentence reflected the "catastrophic harm" caused by Button's "risk-taking behaviour".
Victims' Families and Ongoing Lawsuits
Survivors described the terrifying experience of feeling "completely powerless" as the bus overturned. Families of the victims, including those of Andrew Scott, Lynan Scott, Nadene McBride, Kyah McBride, Kane Symons, Darcy Bulman, Rebecca Mullen, Zachary Bray, Tori Cowburn, and Angus Craig, are devastated by the tragedy. Some family members attended the appeal hearing.
Victims' families and insurers are suing the transport department, Linq Buslines, and various construction and engineering companies, alleging safety breaches at the roundabout.
Closing Arguments and Future Judgment
Ms. Dowling emphasized that passengers were "doing the right thing" by taking the bus, expecting a safe journey, but the night ended in "the loss of so many young lives". She highlighted Button's dangerous actions, recalling his comments before the crash, like "This next part's going to be fun", which indicated he was driving recklessly.
The appeal judgment will be delivered at a later date.
