Appeal begins against NSW Police officer Kristian White's taser manslaughter sentence

News.com.au

4 hours ago

A policeman who fatally tasered a 95-year-old at a NSW nursing home will on Friday learn the next steps in a prosecution's appeal against his sentence, which saw him avoid spending a day behind bars.
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.
Following the decision, the Director of Public Prosecutions appealed the sentence which they argued was 'manifestly inadequate'.
On Friday, a hearing in Sydney's Supreme Court is expected to hear further details of the appeal.
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.
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.