‘Manifestly inadequate’: New details in appeal against Kristian White’s sentence for Taser death

The sentencing of a police officer found guilty of manslaughter after he tasered a 95-year-old woman has been called “manifestly inadequate”.

Prosecutors will push for a policeman convicted over the death of a 95-year-old he tasered to be sent to jail, arguing they did not agree he honestly believed his actions were necessary.

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, who a nurse had described as being a “very aggressive” resident holding two knives.

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

Kristian White was found guilty of manslaughter. Picture: NewsWire / Simon Bullard

Mrs Nowland was tasered after White repeatedly told her to drop the blade during a two-minute confrontation and died in hospital days later.

White was found guilty in November of Mrs Nowland’s manslaughter – a crime that carries a maximum penalty of 25 years imprisonment in NSW – following a NSW Supreme Court trial.

He was handed a two-year community corrections order instead, facing 425 hours of community service.

The Director of Public Prosecutions said they would appeal the “manifestly inadequate” sentence, revealing the four grounds it would rely on in a document released on Wednesday.

Clare Nowland was fatally tasered by White during a two-minute confrontation at a nursing home in Cooma. Picture: Supplied

The grounds of appeal stated the sentencing judge “erred in mistaking the facts by proceeding on the basis that it was agreed between the parties that the Offender held an honest belief that his conduct was necessary”.

Claims the sentencing judge also erred in his assessment of objective seriousness and in “determining that general deterrence had ‘little or no role’ or ‘only a minor role’ to play in the sentence” were also listed.

The appeal will be mentioned in court on April 17.

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.

Meanwhile, Mrs Nowland’s children told Nine they were devastated over White’s sentence.

“For a deliberate, inhumane act that he did, absolutely,” Michael Nowland told Nine when asked if they believed White should be in jail.

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

]White said he was ‘truly sorry’ and took ‘full responsibility’ for his actions in a letter read to the court. Picture: NewsWire / Flavio Brancaleone

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.

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.

White’s legal representatives have been contacted for comment

Originally published as ‘Manifestly inadequate’: New details in appeal against Kristian White’s sentence for Taser death