By Giselle Wakatama, Carly Cook and Bridget Murphy, ABC News
A judge has said a Hunter Valley bus driver abandoned responsibility and engaged in risky behaviour in the lead up to a fatal crash, as he handed him a 32-year jail sentence.
Brett Andrew Button, 59, was driving wedding guests from the Hunter Valley vineyards to Singleton on 11 June last year when the bus rolled and hit a guard rail at Greta.
Button was originally charged with 10 counts of manslaughter but those charges were later downgraded to dangerous driving occasioning death after a plea deal was done with the Department of Public Prosecutions.
He had also pleaded guilty to dozens of charges relating to dangerous driving occasioning grievous bodily harm, driving furiously, and causing bodily harm to survivors.
Button stood hands clasped as Judge Roy Ellis sentenced him to a maximum of 32 years jail, with a non-parole of 24 years.
Judge Ellis said in his 50 years in the justice system he had “never dealt with a case that contained anywhere near the devastation”.
“I reiterate the sentence I impose will not bring back the deceased, the sentence will not heal the physical injuries of survivors or heal the heartache of the families of the 10 deceased victims,” he said.
“The question of moral culpability in this case is significant as the offender had a responsibility to ensure the safety of passengers and his manner of driving should have been exemplary.”
He said it was “very clear” Button engaged in risk-taking behaviour.
“I am satisfied he had abandoned his responsibility to ensure the safety of passengers,” he said.
“As a consequence of the offender’s abandonment of responsibility 10 innocent lives were lost, nine innocent victims suffered grievous bodily harm and 16 innocent victims suffered bodily injury.”
Loved ones react
The 10 people who died in the crash were Nadene and Kyah McBride, Andrew and Lynan Scott, Tori Cowburn, Rebecca Mullen, Kane Symons, Zach Bray, Angus Craig, and Darcy Bulman.
Families and loved ones of those impacted by the crash cried and embraced as the sentence was read by Judge Ellis to Newcastle District Court.
Outside court, Leoni Bowey, the sister of Nadene McBride and aunt of Kyah McBride, spoke of her mixed feelings about the sentence.
“The result that they got was tremendous for us,” she said.
“But it will never bring back my beautiful sister Nadene, it will never bring back my sassy niece Kyah, our lives have changed forever.
“We want people to remember them as a loving, kind, caring people that they were. They will always be missed.
“I will say I didn’t think that we would get the sentence that we got, and I’m really surprised.”
She was asked by a reporter if she felt a sense of closure with the sentence.
“I don’t think closure ever happens,” she said.
“Listening to stories within the court you realise that many of the victims that were on the bus that night are all living with trauma, depression, anxiety.
“Those are the things we’ll live with for the rest of our lives.”
Judge Ellis expressed condolences on behalf of the court and said he hoped the sentence may bring some closure.
– ABC