Kristian White (left) was found guilty over the death of Clare Nowland in May 2023. Photo: Gail Eastway.
The former police officer who caused the death of Clare Nowland used his taser on her “in a fit of impatience”, NSW’s top prosecutor argued in an attempt to appeal his sentence.
Kristian James Samuel White, now 35, was found guilty of manslaughter at the end of his NSW Supreme Court trial then was sentenced to a two-year community corrections order, which is a community-based sentence.
During his sentencing, Justice Ian Harrison said the former senior constable made “a terrible mistake” and fired a taser at the 95-year-old when responding to a threat “that never called for such a response”.
The judge found the crime fell towards the lower end of objective seriousness for manslaughter and did not call for a custodial sentence.
Prosecutors launched an appeal, which was heard in the NSW Court of Appeal on Friday (27 June), after calling the sentence manifestly inadequate.
White infamously said, “Nah, bugger it”, before tasering Nowland while she held a knife and had been slowly walking towards him using her walking frame.
NSW Director of Public Prosecutions, Sally Dowling SC, argued this comment showed he deployed the taser “in a fit of impatience” that was not consistent with his belief it was necessary at the time.
It illustrates he “did not give her any real chance to avoid being tasered”, she said.
Ms Dowling said Ms Nowland was frail, disorientated, confused, reliant on her walker, incapable of moving quickly and didn’t understand or hear the warnings given to her.
She posed no threat to White or his police officer colleague at the scene, the prosecutor said.
Ms Dowling said after less than three minutes’ contact with Ms Nowland, White tasered her in clear contradiction of his training.
“He was under no pressure to act quickly and there were countless other strategies available,” Ms Dowling said.
The only reason Ms Nowland was exposed to the risk of being tasered was due to White’s role as a police officer, she said.
Clare Nowland is remembered as a “beacon of love and strength” by her family. Photo: Supplied.
The top prosecutor argued the facts of the case did not support a finding that the offence was at the lower end of objective seriousness, which is what Justice Harrison had found.
She also said the judge hadn’t engaged with the dangerousness of the conduct, which was extremely high.
Ms Dowling argued Justice Harrison hadn’t taken the victim impact statements from Ms Nowland’s family into account, nor the impact of the crime on the community.
She also argued there was nothing about White’s subjective case that should have diminished the importance of general deterrence on sentencing.
Defence barrister Troy Edwards SC argued Justice Harrison had made a finding, which was open to him, that White had an honest belief that what he did was necessary.
He also said other people at the scene that night were frightened and believed there was the potential for them to be injured.
One of the nurses said she was worried she may be stabbed by Ms Nowland, he said, and his client had a sworn duty to resolve the situation.
The court of appeal’s three justices reserved their decision and will announce it at a date to be set in the future.
Ms Nowland, who suffered from symptoms consistent with dementia, was carrying two knives while going into other residents’ rooms at Yallambee Lodge in Cooma, NSW, on 17 May 2023, resulting in staff calling Triple Zero for assistance.
CCTV captured her movements around the lodge, as well as the search to find her.
She was eventually found in a small room, holding a steak knife while she used her mobility frame to slowly walk towards police officers, paramedics and staff standing in the corridor outside the room.
She did not drop the knife or stop moving when the officers repeatedly told her to, then was tasered by White while he stood about two metres away from her outside the room’s doorway.
He had the taser pointed at her for one minute before saying, “Nah, bugger it”, and firing.
She fell over, hit her head on the ground and died from her injuries seven days later.
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