No jail time for fatal taser officer is ‘manifestly inadequate’: DPP

The Director of Public Prosecutions says a judge made a series of errors in sentencing the officer who tasered a great-grandmother.

Kristian White walking out of court after his sentence was handed down.

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Crown prosecutors claim the sentence against a police officer who avoided jail for firing a taser that killed a 95-year-old great-grandmother was “manifestly inadequate”.

Senior Constable Kristian White escaped jail over the manslaughter of Clare Nowland at Yallambee Lodge nursing home in Cooma in NSW on May 17, 2023.

Justice Ian Harrison, in handing down a two-year community corrections order with 425 hours of community service on March 28, said Mr White made a “terrible mistake” and that his actions were “unlawful and dangerous”.

The NSW Supreme Court judge said the incident fell in the lower end of objective seriousness for manslaughter and that time in prison would be a “disproportionate” sentence.

But the Director of Public Prosecutions said Justice Harrison made a series of errors including that he mistook the facts by accepting that “it was agreed between the parties that the offender held an honest belief that his conduct was necessary”.

Clare Nowland.

The DPP also claimed in a document to the Court of Criminal Appeal that Justice Harrison’s assessment that the crime was on the “lower end of objective seriousness” was incorrect, as was the finding that the sentence would have little or no role in dissuading the general public from committing such an offence.

Finally, the DPP said the “sentence imposed is manifestly inadequate”.

White was called to the nursing home to assist with Nowland, whom a nurse described as being a “very aggressive” resident holding two knives.

The elderly woman was holding a single knife and penlight when White found her sitting in an office after 5am.

White repeatedly told her to drop the blade during a two-minute confrontation before saying “nah, bugger it” and tasering her. She died in hospital days later.

Justice Harrison said during the sentencing: “While I am unable to conclude his actions were either gross or wicked … the tragic fact is that White completely and inexplicably misread and misunderstood the dynamics of the situation.”

White told the court he was “truly sorry”.

“I deeply regret my actions and the severe consequences they have caused,” he said, adding that he thinks about the incident every day.

The son and daughter of Clare Nowland. Picture: 9News

A few days after the sentence was handed down, the DPP confirmed it had carefully considered the judgment and would appeal against the inadequacy of the sentence.

Nowland’s children said they were devastated over White’s sentence.

“It’s a slap on the wrist for someone that’s killed our mother … I need time to process that,” Nowland’s eldest son Michael said.

He later told Nine: “For a deliberate, inhumane act that he did, absolutely (be in jail).

“He had control of that weapon, he loaded the weapon, he pointed the weapon and discharged the weapon.”

Daughter Lesley Lloyd told Nine that while the family could accept if their mother had died of old age, the circumstances of Nowland’s death were “unacceptable”.

White lost his job as a police officer after his conviction.