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.
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.
In a decision that caused an outcry in March, the officer avoided jail time – and instead was handed 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, minor, or no 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.
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.
She said Mrs Nowland was “quite clearly” confused as the events unfolded and wasn’t responsive to any verbal requests and 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.
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.
Mrs Nowland’s eldest son Michael made an emotional statement to reporters following the sentencing.
“It’s a slap on the wrist for someone that’s killed our mother … I need time to process that,” he said.
“It’s difficult for our family … we are very emotional and we all need time to process.
“We just want to see justice and fairness, that’s all we wanted.”
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.