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Hunter Valley bus crash driver to appeal ‘manifestly excessive' 32-year prison sentence
Hunter Valley bus crash driver to appeal ‘manifestly excessive' 32-year prison sentence

Sky News AU

time3 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.

Hunter Valley bus crash driver's next move
Hunter Valley bus crash driver's next move

Perth Now

time3 days ago

  • Perth Now

Hunter Valley bus crash driver's next move

The driver behind the Hunter Valley bus crash that killed 10 people and injured more than two dozen others is fighting his sentence in court. Ten people died when a bus flipped on Wine Country Drive near Greta on the way back from a wedding reception on June 11, 2023. Bus driver Brett Button had taken 'significantly more' than his prescribed dose of the opioid-based painkiller Tramadol on the day of the horrific crash. He'd also been stood down by a previous employer just a year prior after a pain specialist found he was addicted to Tramadol — which he'd been taking since the 1990s — and he did not tell operator Linq Buslines he was using the painkiller. Ten people died in the Hunter Valley bus crash. NewsWire / Christian Gilles Credit: NCA NewsWire Button initially faced 10 counts of manslaughter, however; they were ultimately dropped after prosecutors agreed to a plea deal, much to the anger of the victims' families. He pleaded guilty to 10 counts of dangerous driving occasioning death and nine of dangerous driving occasioning grievous bodily harm. Button was sentenced to 32 years behind bars with a non-parole period of 24 years last year. However, he has since moved to fight the sentence, with the matter heard briefly in Sydney's Court of Criminal Appeal on Thursday morning. The Crown prosecutor told the court that it was an 'unusual matter'. 'It is only a sentence appeal – I don't use the word only lightly,' she told the court. 'There are three grounds of appeal. 'It is an unusual matter.' The grounds of appeal are expected to be released sometime on Thursday or Friday, registrar Peter Clayton told the court. Brett Button was jailed over the fatal crash. NewsWire / Damian Shaw Credit: NCA NewsWire He is fighting his sentence. NewsWire / Jeremy Piper Credit: News Corp Australia She said there would be several victim impact statements in the 'fairly lengthy' Crown bundle. 'As I indicated, a number of victim impact statements, medical reports … quite a volume of documentary evidence,' she said. She also indicated there'd be character references for Button. Lawyers for Button didn't expect there to be re-sentencing materials put before the court at this stage. He is set to front the court via a video link for a hearing on October 3. Andrew Scott, 35, his wife Lynan Scott, 33, Nadene McBride, 52, her daughter Kyah McBride, 22, and her partner, Kane Symons, 21, Darcy Bulman, 30, Rebecca Mullen, 26, Zachary Bray, 29, Tori Cowburn, 29, and Angus Craig, 28, were killed in the crash.

Driver behind Hunter Valley bus crash that killed 10 to fight sentence
Driver behind Hunter Valley bus crash that killed 10 to fight sentence

News.com.au

time3 days ago

  • News.com.au

Driver behind Hunter Valley bus crash that killed 10 to fight sentence

The driver behind the Hunter Valley bus crash that killed 10 people and injured more than two dozen others is fighting his sentence in court. Ten people died when a bus flipped on Wine Country Drive near Greta on the way back from a wedding reception on June 11, 2023. Bus driver Brett Button had taken 'significantly more' than his prescribed dose of the opioid-based painkiller Tramadol on the day of the horrific crash. He'd also been stood down by a previous employer just a year prior after a pain specialist found he was addicted to Tramadol — which he'd been taking since the 1990s — and he did not tell operator Linq Buslines he was using the painkiller. Button initially faced 10 counts of manslaughter, however; they were ultimately dropped after prosecutors agreed to a plea deal, much to the anger of the victims' families. He pleaded guilty to 10 counts of dangerous driving occasioning death and nine of dangerous driving occasioning grievous bodily harm. Button was sentenced to 32 years behind bars with a non-parole period of 24 years last year. However, he has since moved to fight the sentence, with the matter heard briefly in Sydney's Court of Criminal Appeal on Thursday morning. The Crown prosecutor told the court that it was an 'unusual matter'. 'It is only a sentence appeal – I don't use the word only lightly,' she told the court. 'There are three grounds of appeal. 'It is an unusual matter.' The grounds of appeal are expected to be released sometime on Thursday or Friday, registrar Peter Clayton told the court. She said there would be several victim impact statements in the 'fairly lengthy' Crown bundle. 'As I indicated, a number of victim impact statements, medical reports … quite a volume of documentary evidence,' she said. She also indicated there'd be character references for Button. Lawyers for Button didn't expect there to be re-sentencing materials put before the court at this stage. He is set to front the court via a video link for a hearing on October 3. Andrew Scott, 35, his wife Lynan Scott, 33, Nadene McBride, 52, her daughter Kyah McBride, 22, and her partner, Kane Symons, 21, Darcy Bulman, 30, Rebecca Mullen, 26, Zachary Bray, 29, Tori Cowburn, 29, and Angus Craig, 28, were killed in the crash.

Linq Buslines accused of safety breaches over Hunter Valley disaster
Linq Buslines accused of safety breaches over Hunter Valley disaster

ABC News

time17-06-2025

  • ABC News

Linq Buslines accused of safety breaches over Hunter Valley disaster

A bus company linked to the deadly 2023 Hunter Valley bus crash, and its directors and managers, are being prosecuted for alleged heavy vehicle law breaches. Last year, Brett Andrew Button was jailed for at least 24 years over the crash which killed 10 people returning from a wedding in the Hunter Valley in June 2023. The court found the high concentration of opioid Tramadol in Button's system at the time would have impaired his driving ability. The coach was operated by Linq Buslines Pty Ltd. The company's directors and two managers had matters heard in Gosford Local Court on Tuesday. They're accused of heavy-vehicle safety breaches, including alleged failed drug testing policies between November 2022 and June 2023. Fines of up to $1.7 million can be imposed for the most serious offences. Manager Rodney Parker was accused of two breaches of duty under national heavy-vehicle laws and two counts of breaching the duty of an executive of a legal entity. Mr Parker is accused of contravening his duty by allegedly failing to ensure he didn't cause or urge drivers, like Button, to contravene heavy-vehicle laws. According to the charge sheet tendered in court today, Mr Parker is accused of "disclosing to Mr Brett Button that drug testing was to take place on 6 February 2023," four months before the crash. Button started working for Linq Buslines in November 2022 and the court documents alleged Mr Parker had not contacted any prior employer. "He failed to exercise due diligence by not making reasonable enquiries of a person authorised by Mr Brett Button's prior employer as to any matter impacting upon his capacity to perform the role and to safely drive buses," the documents said. Area Manager Katie Parker, who was responsible for scheduling and directing the local fleet of 16 buses, was also charged. "[She] failed to ensure as far as reasonably practicable drivers were not driving under the influence of substances that rendered their driving unsafe by implementing regular random drug testing of drivers," the documents said. Directors Anthony John Royle and Christopher Terrence Fogg are also accused of three counts each of breaching national heavy-vehicle laws. "[The pair] failed to exercise due diligence to ensure the company complied with its duty, contrary to the law, and it contravened its duty, contrary to heavy-vehicle national law," according to the court documents. It is further alleged that the company had a duty to minimise or eliminate risks posed by drivers. It was alleged the company, "failed to ensure it had procedures and policies to prevent drivers driving under the influence of substances that rendered their driving unsafe." Linq Buslines is separately charged with similar offences. The matter will return to court in September.

Update as father of Hunter Valley bus crash victim sues Transport for NSW for alleged breaches in duty of care
Update as father of Hunter Valley bus crash victim sues Transport for NSW for alleged breaches in duty of care

News.com.au

time24-04-2025

  • News.com.au

Update as father of Hunter Valley bus crash victim sues Transport for NSW for alleged breaches in duty of care

The father of one of the victims of the Hunter Valley bus crash that killed another nine and injured 25 is suing Transport for NSW, claiming the agency breached its duty of care. Ten people died and more than two-dozen others suffered injuries when the bus flipped on Wine Country Drive near Greta on the way back from a wedding reception. The bus driver, Brett Button, was last year sentenced to 32 years behind bars with a non-parole period of 24 years for his role in the crash. He pleaded guilty to 10 counts of dangerous driving occasioning death and nine of dangerous driving occasioning grievous bodily harm. A court was previously told Button had taken 'significantly more' than his prescribed dosage of the opioid-based painkiller Tramadol on the day of the crash. He had been stood down by a previous employer just a year prior after a pain specialist found he was addicted to Tramadol — which he'd been taking since the 1990s — and he did not tell operator Linq Buslines he was using the painkiller. Among the victims of the tragedy was 29-year-old Zach Bray. His father Adam Bray is now suing Transport for NSW (TfNSW) in the Supreme Court over an alleged breach in duty of care by the agency. A substantive statement of claim was filed on Mr Bray's behalf last year, arguing TfNSW breached its duty of care in a number of instances, including having inadequate road warning signage along Wine Country Drive. It further alleged signs incorrectly described the stretch of road as a roundabout, claiming it was instead an 'elliptically shaped interchange feature' to which different considerations and dynamics applied. The matter was briefly heard in the NSW Supreme Court on Thursday morning. Representing TfNSW, Moray and Agnew's Brian Moroney told the court a cross-claim was in draft form. It is as yet unclear who this will be filed against. Justice Peter Garling ordered the defence file and serve all cross-claims by May 1, with the case to return to court on May 16. The lawsuit is seeking damages and costs for both Mr Bray as well as on behalf of those directly injured physically and/or psychologically and psychiatrically in the crash, as well as those suffering 'pure mental harm'. The statement of claim filed last year argued TfNSW owed the public using Wine Country Drive a duty of care, and listed a comprehensive list of alleged breaches. It argued a circular interchange on Wine Country Drive would have been safer 'and was therefore desirable if space permitted', and that there was inadequate road warning signage in place regarding hazards in the interchange, including the 'tightening radius'. Not having specific signage that the interchange could potentially be dangerous to commercial buses, including by way of a tilting truck symbol or equivalent, as well as a lack of appropriate advisory signage related to reduced speed for commercial buses, was also outlined in the claim. It suggested a run-off area may have offered a 'more forgiving roadside area' in cases of vehicles running off the road, as opposed to safety barriers, and also claimed construction and post construction audits were 'inadequate to identify the unsafe design and construction of the interchange'. The breaches 'gave rise to a real and significant risk' that a driver of a heavy vehicle, including a passenger bus, with a raised centre of gravity 'could nonetheless lose control of the vehicle, trip the vehicle causing it to fall onto its side and come into collision with the adjacent guard rails', the statement of claim alleged. This included where drivers were exercising reasonable care 'having regard to what the driver reasonably considered was a reasonable speed to travel in the interchange'. Vegetation in the island of the interchange was also cited as limiting the line of sight of drivers, which could deprive drivers of the ability to see a 'visually subtle but nonetheless critical change in road alignment' in reference to the tightening curve of the road. Mr Bray has also launched a class action against TfNSW for anyone who suffered damages or loss as a result of the crash, which included those directly injured, suffering mental harm, and insurers who have paid out claims for injured or deceased victims.

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