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Hunter Valley Bus Driver’s 32-Year Sentence Challenged; Appeal Court Reserves Decision

The Newcastle court reviewed arguments on sentence severity, Tramadol impairment findings, the bus’s tipping threshold.

Overview

  • At the Court of Criminal Appeal in Newcastle, Brett Button’s lawyer argued a 32-year term for a single act was manifestly excessive.
  • The appeal sets out three grounds: alleged error in finding a 31 km/h tipping threshold, alleged error in finding he knew he was under the influence of Tramadol, and overall excessiveness.
  • The Crown said the length reflected the gravity of the crash and the need for notional accumulation to recognise each death and each injury.
  • Defense submissions said Button believed he was not impaired by Tramadol, while the Crown pointed to evidence he knew the effects and had taken well above his prescribed dose.
  • The 2023 crash near Greta killed 10 and injured more than two dozen; Button pleaded guilty to dangerous driving charges after manslaughter counts were dropped and is serving a 32-year sentence with a 24-year non-parole period.