Kristian White sentence appeal: Former cop didn’t give Clare Nowland ‘any real chance to avoid being tasered’

Prosecutors have argued the cop who fatally tasered an elderly woman at a nursing home didn’t give her any chance to avoid being tasered in a bid to jail him.

A policeman who avoided jail after he fatally tasered an elderly woman in a nursing home didn’t give the 95-year-old “any real chance to avoid being tasered”, prosecutors have argued in a bid to impose a harsher sentence.

Senior Constable Kristian White, 34, was called to Yallambee Lodge nursing home in Cooma in the state’s south on May 17, 2023 to assist with Clare Nowland, 95.

Described as being a “very aggressive” resident holding two knives by a nurse, the great-grandmother was holding a single knife and a penlight when White found her sitting in an office after 5am.

White repeatedly told her to drop the blade in confrontation lasting less than three minutes, and said “bugger it” before he tasered her when she failed to do so: she died in hospital days later.

White was found guilty in November of Mrs Nowland’s manslaughter following a NSW Supreme Court trial.

Clare Nowland died after she was tasered by Kristian White at the Yallambee Lodge nursing home in Cooma. Picture: Supplied.

In a decision that caused an outcry in March, the officer avoided jail time and was instead handed down a two-year community corrections order, and 425 hours of community service.

The Director of Public Prosecutions have launched an appeal of the sentence, which they argue was “manifestly inadequate”.

The DPP claimed the sentencing judge erred by assuming both parties agreed White honestly believed his conduct was necessary.

The other grounds of appeal included the sentencing judge erred in his assessment of objective seriousness, and in finding that general deterrence had “little or no role” or only a “minor” role to play in his sentence.

White appeared at the Court of Criminal Appeal on Friday morning supported by his wife for an appeal hearing: a huge crowd of Mrs Nowland’s loved ones filled one side of the courtroom.

Kristian White (centre) arrives at the Supreme Court on Friday. Picture: NewsWire / Nikki Short

The Director of Public Prosecutions argued White’s sentence was ‘manifestly inadequate’. Picture: NewsWire / Nikki Short

Crown Prosecutor Sally Dowling SC told the court footage of the fatal incident illustrated how extremely vulnerable, frail, disoriented and confused Mrs Nowland was, and that it was clear she didn’t understand or hear instructions made by White as she wasn’t responsive to any verbal requests or commands.

“The respondent did not give her any real chance to avoid being tasered,” she said.

“(There were) many alternate actions that he could have and should have taken.”

Mrs Nowland didn’t advance towards White at any point, and needed to hold onto her walker with both hands, Ms Dowling said, which all fell under the Crown’s appeal of objective seriousness.

She told the court it took White less than three minutes after first seeing Mrs Nowland to deploy his taser, which caused her to immediately fall and hit her head.

“She never regained consciousness after that fall, and that injury caused her death seven days later,” Ms Dowling said.

Kristian White was found guilty of manslaughter for the death of Clare Nowland in an aged care facility. Picture: NewsWire / Nikki Short

Family of Clare Nowland previously shared their disappointment over the sentencing of White. NewsWire / Nikki Short

White’s lawyer, Troy Edwards SC, rejected the Crown’s claims that Mrs Nowland posed no threat, arguing it was inconsistent with observations of the sentencing judge and witnesses.

He also urged the court not to place emphasis on footage from the incident, but to rely on the accounts witnesses who he said felt frightened as the incident unfolded.

White’s impatience evident by ‘bugger it’ comment

White’s impatience with Mrs Nowland, highlighted by his use of the words “bugger it” before he fatally tasered her, wasn’t taken into account when establishing the objective seriousness, Ms Dowling claimed.

“Of course, the respondent’s comment of ‘Nah, bugger it’, made immediately before he tasered Mrs Nowland, is, we say, clearly evidence of his impatience with her,” Ms Dowling said.

“(White) did not reflect carefully on the situation as it required, but he rushed into what turned out to be a lethal, highly dangerous action.”

Ms Dowling also argued the sentencing judge’s reasoning that White had a duty to resolve the situation and couldn’t have chosen to do nothing didn’t support his finding that White’s conduct was at the lower end of objective seriousness.

Clare Nowland’s family filled the courtroom on Friday. Picture: NewsWire / Nikki Short

However Mr Edwards argued his client was “thrust into a confrontational situation that he was duty bound to resolve”.

“Criticism, in my submission, of the determination that the respondent could have chosen to do nothing is unwarranted,” Mr Edwards told the court.

He also said the Crown wouldn’t satisfy the court White’s sentence was manifestly inadequate.

Ms Dowling had also argued there was no reasonable way the sentencing judge could’ve thought both parties weren’t in dispute about whether White believed his conduct was necessary.

“Our case is that he, the respondent, deployed the taser in a fit of impatience not consistent with the honest belief that it was necessary,” Ms Dowling said.

Mr Edwards posited the sentencing judge had considered White’s belief there was an imminent threat when he deployed the taser, and that White had honestly over-estimated the distance and the level of threat created by Mrs Nowland.

However Ms Dowling pressed on, telling the court White’s honest belief was separate to his error in concluding there was an “imminent threat” posed by Mrs Nowland.

Kristian White was sentenced to a two-year community corrections order, and 425 hours of community service. Picture: NewsWire / Nikki Short

Victim impact statements from Mrs Nowland’s loved ones also should’ve been taken into account in respect to the harm that had been caused to the wider community, and not just the woman’s family.

She submitted a reasonable reading of the sentence was that the statements were confined to the personal grief of Mrs Nowland’s family; she argued the statements went beyond grief and anger to shock and a loss of confidence, which extended to the wider community and fell under the grounds of a “manifestly inadequate” sentence.

Her daughter had expressed the body worn police footage had made her “question the very fabric of our society”, while her son questioned whether vulnerable people could truly be protected by police in their respective statements.

“There is this sense of community confidence in our ability to protect our elderly, and our trust in the NSW Police to protect us and our elderly, and that is a theme that is found in these victim impact statements,” Ms Dowling said.

Ms Dowling argued using the victim impact statements as a factor to find White had suffered extra curial punishment living in the Cooma community was “inappropriate” use of the statements, falling under the manifestly inadequate ground.

Chief Justice Andrew Bell said while it might have been unusual, the sentencing judge was able to use such material to draw conclusions.

Mr Edwards claimed the victim impact statements “on their face indicate sentiment” that’d make it difficult to live in a place like Cooma in such circumstances, while urging the court to take White’s mental health into consideration.

Further, Ms Dowling argued the sentencing judge had unnecessarily and “unduly narrowed” the general deterrence.

“A police officer, using police weapons in such an egregious and outrageous way to kill a 95-year-old woman after having contact with her for two and a half minutes … general deterrence (is) extremely large in this matter,” Ms Dowling said.

She earlier claimed White was not confronted with an “exceptional circumstance”, as police are routinely involved in de-escalating situations like this everyday.

The Director of Public Prosecutions, Sally Dowling, leaves the Supreme Court on Friday. Picture: NewsWire / Nikki Short

However White’s defence submissions argued it was “nonsense” to consider police in White’s position would be deterred from using a taser as a result of White’s sentence if they honestly, but unreasonably, perceived a threat.

“If the officer has an honest belief that is unreasonable, general deterrence has no role to play.”

Of his decision, Justice Ian Harrison said the incident fell in the lower end of objective seriousness for manslaughter and sending White to prison would be a “disproportionate” sentence.

Mrs Nowland’s family previously said they were “disappointed” with the decision not to detain White after he was found guilty of the manslaughter of their matriarch, with her eldest son, Michael, likening it to a “slap on the wrist for someone that’s killed our mother” in an emotional statement after the sentencing.

In a letter read to the court during his sentencing, White said he was “truly sorry” and took “full responsibility” for his actions.

“I deeply regret my actions and the severe consequences they have caused,” White said.

He said there “isn’t a single day” that goes by in which he didn’t think about the day of the incident.

“I have lost the job and career I enjoyed immensely and dedicated myself to for over a decade,” he said.

“Police face difficult situations and are required to use judgment and if they make mistakes, they are expected to answer them, which I believe I have.”

Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.

White has not spent any time behind bars on remand since he was charged over the fatal confrontation.

He lost his job as a police officer when he was convicted.

Originally published as Kristian White sentence appeal: Former cop didn’t give Clare Nowland ‘any real chance to avoid being tasered’