A judge has warned killer bus driver Brett Button he can expect a lengthy jail term but told the victims’ grieving families “justice is not about revenge”.
Newcastle District Court Judge Roy Ellis on Monday asked for restraint in the packed courtroom during an expected three-day sentence hearing for Button, 59, who caused one of Australia’s deadliest crashes, killing 10 people and injuring 25, in the NSW Hunter Valley region.
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“The sentence I eventually impose all parties agree will be a lengthy sentence which may or may not please everybody,” Ellis said.
“Justice is what this sentence is about.
“Justice for the offender, and justice for the victims of his crime and their families.
“However, justice is not about revenge. But it is about accountability, deterrence and punishment.”
Ellis said Button’s family and friends were in court to support him but what had happened was not their fault.
“They are not here to demean your loss or your mental or physical traumas,” the judge told the victims’ devastated families and friends.
“No one is here to abuse you or diminish your trauma.
“So please don’t let your anguish, anger or frustrations cause you to cry out or to act against people who hold no responsibility for the death or grievous injury to your loved ones.”
Button has pleaded guilty to 10 charges of dangerous driving causing death, nine counts of dangerous driving causing grievous bodily harm, and 16 counts of causing bodily harm by wanton driving.
Prosecutors dropped 10 manslaughter charges against Button after his guilty pleas in a deal criticised by a number of the victims’ families.
Manslaughter charges carry a 25-year maximum jail sentence, while the lesser charge of dangerous driving causing death carries a maximum 10-year jail term.
Button was arrested after losing control of a bus taking 35 wedding guests from the Wandin Valley Estate to Singleton about 11.30pm on June 11, 2023.
The 57-seat bus slammed into a guard rail and rolled onto its side.
Button had taken the roundabout on Wine Country Drive at Greta too fast, telling some passengers “this next part is going to be fun” before the fatal crash in thick fog.
Forensic analysts believe Button took 400mg of the opioid Tramadol in the 24 hours before the crash.
Button accepted his driving ability was impaired by the opioid, which can cause drowsiness, mental clouding and visual functioning deficiencies.
Trying to foster a party atmosphere on the bus, Button said “if you liked that corner, you’re going to like this one” and “oh, it’s nothing” when worried passengers described him as “crazy” and told him to slow down.
One passenger told his partner Button was “coming in hot” as he approached the roundabout.
Button told police he failed to brake at the roundabout because he was already going slow enough but investigators estimated he was driving at nearly 60km/h.
He pleaded guilty to the lesser charges after agreeing his driving was dangerous because he had taken more Tramadol than the maximum amount recommended by doctors, engaged in risk-taking behaviour and drove too fast to safely negotiate the roundabout.
Button, who had been taking Tramadol for a back injury he suffered in the 1990s, previously released a statement expressing remorse for his actions: “I am devastated by what has occurred, and for that I am truly and deeply sorry.”
The 10 people who died in the crash were: Nadene McBride and her daughter Kyah, Kane Symons, Andrew Scott and his wife Lynan, Zach Bray, Angus Craig, Darcy Bulman, Tori Cowburn, and Rebecca Mullen.
Many on board were members of the Singleton Roosters Australian Rules Football club and had earlier attended the wedding of Mitchell Gaffney and Madeleine Edsell.
The sentence hearing continues.
