By Adriane Reardon, ABC
Former NSW Police officer Kristian White entered NSW Supreme Court for sentencing surrounded by supporters. Photo: ABC News/Abbey Haberecht
Former police officer Kristian White has avoided jail over the taser death of a 95-year-old great-grandmother, with the victim's family describing the sentence as a "slap on the wrist".
At sentencing in the NSW Supreme Court almost two years after Clare Nowland's death, White was handed a two-year community correction order and will be required to perform 425 hours of community service.
White, 35, tasered Nowland at the Yallambee Lodge aged care facility in Cooma in the early hours of May 17, 2023, after a staff member called triple-0 to report an elderly resident wandering the property, initially with two knives and a jar of prunes, and entering other residents' rooms.
Nowland, who had symptoms of dementia, was later located by police officers and paramedics in a nurse's room in the administrative wing of the care facility, using her walker and holding one serrated steak knife.
Officers attempted to get Nowland to drop the knife and stop moving before White, who was a senior constable, said "nah, bugger it" and deployed his taser.
Clare Nowland died in Cooma Hospital in May 2023 after being tasered by police officer Kristian White. Photo:
Nowland fell backwards, hit her head and died a week later in Cooma Hospital after suffering an inoperable brain bleed.
A 12-person jury found White guilty of manslaughter in the NSW Supreme Court last November.
White 'misread' the situation, judge says
Justice Ian Harrison told the court White's crime was not premeditated and fell on the lower end of objective seriousness.
He said White "misread and misunderstood the dynamics of the situation" and his actions were motivated by an "honest but mistaken and unreasonable belief about the existence and nature of the threat that was posed".
"Mr White made what by any measure was a terrible mistake," he said.
"For reasons that may never clearly be understood, if understood at all, he deployed his taser in response to what he perceived to be a threat that in my view never called for such a response."
On Friday, the court was told White sent a one-page letter of apology to Nowland's family in which expressed regret for his actions, which was taken into account upon sentencing.
"Mr White has expressed remorse," Justice Harrison said.
"I have no doubt that he regrets what he did... it would be remarkable if it were otherwise."
Justice Harrison said the harm White caused to Nowalnd resulted from "an error of judgement", but general deterrence played a "minor role" in sentencing.
"The prospect of a police officer in New South Wales intentionally or recklessly causing harm to elderly members of the community in the same or similar circumstances when confronted by an elderly and frail woman in her 90s is so small as to be unlikely to reoccur," he said.
White 'does not present a risk' to community
Manslaughter in NSW carries a maximum punishment of 25 years in jail.
Justice Harrison told the court a custodial sentenced would be "disproportionate to the objective seriousness of the offence".
He said White had already suffered consequences for his actions, including losing his job, and had become an unwelcome member of the Cooma community.
Justice Harrison also said it would also be difficult for White to live in prison, given he was a former police officer.
"Mr White does not present a risk or a danger to the community," he said.
"Mr White does not pose a risk of re-offending."
'A slap on the wrist'
White sat still as the sentence was handed down as his partner cried.
Some members of the Nowland family shook their heads.
Michael Nowland says the sentence was a "slap on the wrist". Photo: ABC News/Abbey Haberecht
Speaking outside the court, the victim's eldest son Michael Nowland said the family was disappointed in the decision.
"It was really disappointing for the family because it was, well, a slap on the wrist for someone that's killed our mother," he said.
"It's very, very hard to process that.
"I'd rather have a bit more time to process the decision and give a more informed interview."
Kristian White's defence lawyer Warwick Anderson said outside court his family were "very relieved" at the outcome.
"They're now going to take their time and move on with their lives," Anderson said.
Asked about whether White would get his job as a police officer back, Anderson replied: "We don't know yet."
- ABC
