By Annalise Bolt and Sarah McPhee
Clare Nowland’s children have welcomed a decision by prosecutors to appeal against the sentence for the former police officer who killed their 95-year-old mother, saying his punishment needs to match the crime.
Kristian White was handed a two-year community correction order by the NSW Supreme Court on Friday for Nowland’s manslaughter. White Tasered the great-grandmother inside her Cooma nursing home in May 2023, causing her to fall and hit her head. She died seven days later.
The Office of the Director of Public Prosecutions (ODPP) on Wednesday revealed it would appeal White’s sentence on the basis it was manifestly inadequate.
“After careful consideration of the judgment, the director has determined to file an appeal against the inadequacy of the sentence imposed in this matter,” a spokesperson for the ODPP said.
Under the order, White must complete 425 hours of community service and not re-offend.
Speaking to Nine News in Cooma on Wednesday after being informed of the ODPP’s appeal, Nowland’s eldest child, Mick Nowland, said he “absolutely” thought White should have been jailed.
Former NSW police officer Kristian White leaves the Supreme Court after being given a community order.Credit: Sam Mooy
“He had control of that weapon, he loaded the weapon, and he pointed the weapon and discharged the weapon … it’s a deliberate action that needs to be punished,” he said.
“We’ve just got to get a sentence that matches the crime … all we want is justice.”
He added: “I don’t believe he’s been punished at all.”
Nowland’s daughter Lesley Lloyd said: “I do believe he [White] still needs to do some time.”
Clare Nowland’s eldest son Mick speaking in Cooma on Wednesday.Credit: Nine News
“He has taken a life, he was charged with manslaughter, found guilty by a jury, and I definitely think there should be some consequences for that.”
Asked about the sentence, Lloyd said it was “unthinkable”.
She said White was effectively given a good behaviour bond. Aside from being sacked from the force, she said he had “gone home as normal” to live with his family.
“And yet we still don’t have any resolutions, and I would hate to think it would end here. It would be so sad,” she said.
Lesley Lloyd said Kristian White still needed to serve prison time over the death of her mother.Credit: Nine News
Lloyd hoped the three judges at any future appeal hearing would have a “close look” at the bodycam footage of the incident, as it “tells the whole story”.
Within three minutes of arriving at the Yallambee Lodge nursing home, White was recorded saying “nah, bugger it” and discharging his Taser at Nowland, who was standing in an office with her walking frame, holding a knife.
Nowland’s children said White did not give their mother a chance.
“She was no threat to anyone,” Mick Nowland said.
He said White’s evidence at trial that he had felt under threat was a “cop-out” that “hurt” to hear.
“She was frail – she was hanging onto a walker. She didn’t comprehend what they were saying,” he said. “She must have been terrified.”
Lloyd said they remained racked with guilt and a feeling that they did not protect their mother.
“I could have talked to Mum and said ‘come on, Mum – let’s go back to your room,’” she said.
Lloyd said the ultimate outcome that morning was beyond her wildest imagination, particularly as they had been together “chatting away” the night before and she was “perfectly fine”.
In a video provided to Nine News from that last evening together, Lloyd said: “I think we’ve had a good life in Cooma, haven’t we?” to which Clare Nowland, who was sitting in an armchair and sipping on a mug, replied, “I think so.”
Mick Nowland said it was “horrific” that his mother was Tasered because “someone was frustrated with her inaction”.
“Mum was there for eight of us for all our lives, and I know we can’t be there for us all the time, but the guilt won’t go away,” he said.
White’s solicitor, Warwick Anderson, confirmed the legal team had been advised of the Crown’s decision and said they would “respond appropriately once we receive the notice of appeal”.
Justice Ian Harrison found White did not present a risk or danger to the community and had expressed remorse.
Harrison said there was “adequate precedent for a sentence other than full-time imprisonment in cases of wrongful death such as the present”, and felt the 35-year-old’s case was “suitable” for a CCO.
Sentencing options such as an intensive correction order, which is a form of imprisonment served within the community, are not available for crimes such as manslaughter.
According to the judgment, Community Corrections had advised it could “provide the equivalent of up to 18 hours of work per month” for White, whose community order expires in March 2027.
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