Latest news with #CourtofCriminalAppeal
Glasgow Times
6 days ago
- Glasgow Times
Decision on sentence to teacher who upskirted girl pupils at school
Lee Dixon, 30, was sentenced to 19 months imprisonment earlier this year after admitting voyeurism offences using his mobile phone to take pictures under clothing. But the former maths teacher, from Bellshill, in North Lanarkshire, appealed against the sentence imposed on him at Airdrie Sheriff Court in May. READ NEXT: 'Terrible orange b*****d': Son of ex-Celtic player attacked cop amid ticket row READ NEXT: Man brutally attacked boy, 13, with knife on way home from mosque Solicitor advocate Ann Ogg told judges at the Court of Criminal Appeal in Edinburgh: "The imposition of a custodial sentence was both inappropriate and excessive." She argued that the sheriff who jailed Dixon had erred in choosing to deal with him by sentencing him to imprisonment, but if the court was not with her on that submission the jail term was too long. Miss Ogg said it was accepted that there was a breach of trust in the offending but maintained that there was significant mitigation. She said Dixon was a first offender with a good work record who was assessed as a low risk of further general offending. She told the court: "Significantly the appellant lost his employment and career as a maths teacher." She said character references showed he was "very highly regarded". She said Dixon's mental health was impacted by tragedies that occured in his personal life and added: "These offences were very much out of character for the appellant." Miss Ogg said that Dixon was assessed as suitable for a community payback order with supervision and conduct requirements and unpaid work. But Lord Matthews, sitting with Lord Armstrong, refused the appeal against the sentence as Dixon followed the proceedings by a TV link to Addiewell jail in West Lothian. Dixon committed the offences at a secondary school in North Lanarkshire in March 2023 when he took pictures of a 12 year old girl and then targeted a 15 year old pupil. A classmate of the older girl realised what Dixon was doing and reported her concerns before police were called in.
Irish Daily Mirror
08-07-2025
- Irish Daily Mirror
Convicted killer of school teacher jailed for drug dealing
The convicted killer of a County Clare school teacher has been jailed for five years and two months for drug dealing. At Ennis Circuit Court, Judge Francis Comerford imposed a 62 month prison term as part of a number of concurrent sentences on Harry Dinan (44) formerly of Oakwood Drive, Ennis for having in his possession a total of €50,106 of cannabis and cocaine with intent to supply at locations in Ennis on November 14th 2022. The drug dealing sentence is two months more than the five years in jail Mr Dinan initially received at Ennis Circuit Court in 2010 for the manslaughter of Lissycasey school teacher, Brian Casey (26) on December 26th 2009. That court heard that in an unprovoked assault, Mr Dinan struck Mr Casey 'a haymaker' on St Stephen's night in O'Connell Square, Ennis and the blow broke Mr Casey's jaw in two places. The Lissycasey man hit the ground with the back of his head and Mr Casey never regained consciousness and died two days later. The DPP appealed the undue leniency of the sentence and the Court of Criminal Appeal increased Mr Dinan's prison term by two years. Coincidentally, the jailing of Mr Dinan for drug dealing at Ennis Circuit Court follows Lissycasey GAA only last weekend honouring the memory of Brian Casey and other deceased members of the club's 2007 Clare Senior Football Championship-winning team with the unveiling of a memorial plaque at the club grounds. Detective Garda Aoife O'Malley told Ennis Circuit Court that the Drugs Unit of the Clare Garda Division had targeted Harry Dinan and witnessed him attend a secluded area of Ballybeg Woods on the western outskirts of Ennis on November 14th 2022. Det O'Malley said that after Mr Dinan exited from the woods, an unmarked Garda car gave chase and whilst driving at high speed, a package was thrown from the passenger window of Mr Dinan's car and it was later found to be cannabis worth €4,970. Det Garda O'Malley said that Mr Dinan's car eventually came to a stop at a roundabout at Ennis national School as school had just finished and traffic was heavy. Det Garda O'Malley said that Mr Dinan's ex-partner and then five year old son were in the car at the time. Det Garda O'Malley said that Mr Dinan was arrested and Gardai recovered a tick-list from a note on Mr Dinan's phone which showed that he was owed €16,215 for drugs. She said that a search of his home found drug dealing paraphernalia including baggies and scales and money totalling €2,365 including €500 that was found on Mr Dinan earlier. Det Garda O'Malley said that the drugs recovered from Ballybeg Woods totalled €18,882 which was subject to the 62 month prison term for the Section 15 (a) drugs offence being drugs valued in excess of €13,000. She said that the value of all the drugs removed from Mr Dinan's house, car and the location in Ballybeg Woods totalled €46,606 in cannabis and €3,500 in cocaine resulting in the overall total of €50,106. Det Garda O'Malley said that the accused has 82 previous convictions including 54 for road traffic offences. She said that Dinan has six previous convictions for the sale and supply of drugs and is a father of three. Counsel for Mr Dinan, Patrick Whyms BL (instructed by solicitor, Tara Godfrey) said that his client has no trappings of wealth and was dealing drugs to feed his cocaine addiction. He said that Mr Dinan is quite entrepreneurial and was in the process of setting up a 'bouncy castle' business at the time of his arrest. Judge Comerford said that there was no evidence that Mr Dinan was involved at high levels in a criminal operation but he wasn't at the lowest level.
Sunday World
08-07-2025
- Sunday World
Convicted killer of school teacher jailed for five years and two months for drug dealing
Judge Francis Comerford imposed a 62 month prison term as part of a number of concurrent sentences on Harry Dinan (44) The convicted killer of a County Clare school teacher has been jailed for five years and two months for drug dealing. At Ennis Circuit Court, Judge Francis Comerford imposed a 62 month prison term as part of a number of concurrent sentences on Harry Dinan (44) formerly of Oakwood Drive, Ennis for having in his possession a total of €50,106 of cannabis and cocaine with intent to supply at locations in Ennis on November 14th 2022. The drug dealing sentence is two months more than the five years in jail Mr Dinan initially received at Ennis Circuit Court in 2010 for the manslaughter of Lissycasey school teacher, Brian Casey (26) on December 26th 2009. That court heard that in an unprovoked assault, Mr Dinan struck Mr Casey 'a haymaker' on St Stephen's night in O'Connell Square, Ennis and the blow broke Mr Casey's jaw in two places. The Lissycasey man hit the ground with the back of his head and Mr Casey never regained consciousness and died two days later. The DPP appealed the undue leniency of the sentence and the Court of Criminal Appeal increased Mr Dinan's prison term by two years. Coincidentally, the jailing of Mr Dinan for drug dealing at Ennis Circuit Court follows Lissycasey GAA only last weekend honouring the memory of Brian Casey and other deceased members of the club's 2007 Clare Senior Football Championship-winning team with the unveiling of a memorial plaque at the club grounds. Detective Garda Aoife O'Malley told Ennis Circuit Court that the Drugs Unit of the Clare Garda Division had targeted Harry Dinan and witnessed him attend a secluded area of Ballybeg Woods on the western outskirts of Ennis on November 14th 2022. Det O'Malley said that after Mr Dinan exited from the woods, an unmarked Garda car gave chase and whilst driving at high speed, a package was thrown from the passenger window of Mr Dinan's car and it was later found to be cannabis worth €4,970. Det Garda O'Malley said that Mr Dinan's car eventually came to a stop at a roundabout at Ennis national School as school had just finished and traffic was heavy. Det Garda O'Malley said that Mr Dinan's ex-partner and then five year old son were in the car at the time. Det Garda O'Malley said that Mr Dinan was arrested and Gardai recovered a tick-list from a note on Mr Dinan's phone which showed that he was owed €16,215 for drugs. She said that a search of his home found drug dealing paraphernalia including baggies and scales and money totalling €2,365 including €500 that was found on Mr Dinan earlier. Det Garda O'Malley said that the drugs recovered from Ballybeg Woods totalled €18,882 which was subject to the 62 month prison term for the Section 15 (a) drugs offence being drugs valued in excess of €13,000. She said that the value of all the drugs removed from Mr Dinan's house, car and the location in Ballybeg Woods totalled €46,606 in cannabis and €3,500 in cocaine resulting in the overall total of €50,106. Det Garda O'Malley said that the accused has 82 previous convictions including 54 for road traffic offences. She said that Dinan has six previous convictions for the sale and supply of drugs and is a father of three. Counsel for Mr Dinan, Patrick Whyms BL (instructed by solicitor, Tara Godfrey) said that his client has no trappings of wealth and was dealing drugs to feed his cocaine addiction. He said that Mr Dinan is quite entrepreneurial and was in the process of setting up a 'bouncy castle' business at the time of his arrest. Judge Comerford said that there was no evidence that Mr Dinan was involved at high levels in a criminal operation but he wasn't at the lowest level. Harry Dinan Today's News in 90 Seconds - July 8th
Sky News AU
03-07-2025
- 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.
The Advertiser
03-07-2025
- The Advertiser
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.
