Appeal hearing for cop who tasered great-gran to death
A push to jail a police officer who tasered an aged-care resident with dementia to death is set to continue.
Unsatisfied with the good behaviour bond and community service then-senior constable Kristian James Samuel White was given over the manslaughter of Clare Nowland, prosecutors will appeal against his sentence on Friday.
White fired his service Taser at the 95-year-old after being called to the Yallambee Lodge aged-care home in the early hours of May 17, 2023.
But NSW Supreme Court Justice Ian Harrison opted against sending him to jail because his "terrible" mistake fell at the lower end of objective seriousness.
Sydney University criminal law professor Tyrone Kirchengast said the prosecution should appeal where it is in the public interest to do so.
He said the appeal was likely after White's "rare" sentence meant he avoided prison.
"As any verdict of manslaughter is serious, the prosecution would generally have an arguable case of appeal where the trial court handed down a non-custodial term," he told AAP.
"The Crown would likely argue that even allowing for White's mitigating circumstances, his manifest criminality of causing the death of Clare Nowland warrants a custodial term."
Mrs Nowland, who experienced symptoms of undiagnosed dementia and weighed less than 48kg, was holding a knife and using a walking frame when she encountered White.
White drew his weapon and pointed it at her for a minute before saying "nah, bugger it" and firing the weapon at her chest.
The great-grandmother fell and sustained a fatal brain injury.
The judge was wrong to conclude a jail sentence would be "disproportionate" to the seriousness of the offending, prosecutors allege.
Her eldest son Michael has called the sentence "very disappointing".
"A slap on the wrist for someone who's killed our mother - it's very, very hard to process that," he said.
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News.com.au
3 hours ago
- News.com.au
Appeal begins against NSW Police officer Kristian White's taser manslaughter sentence
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.
Perth Now
6 hours ago
- Perth Now
Appeal hearing for cop who tasered great-gran to death
A push to jail a police officer who tasered an aged-care resident with dementia to death is set to continue. Unsatisfied with the good behaviour bond and community service then-senior constable Kristian James Samuel White was given over the manslaughter of Clare Nowland, prosecutors will appeal against his sentence on Friday. White fired his service Taser at the 95-year-old after being called to the Yallambee Lodge aged-care home in the early hours of May 17, 2023. But NSW Supreme Court Justice Ian Harrison opted against sending him to jail because his "terrible" mistake fell at the lower end of objective seriousness. Sydney University criminal law professor Tyrone Kirchengast said the prosecution should appeal where it is in the public interest to do so. He said the appeal was likely after White's "rare" sentence meant he avoided prison. "As any verdict of manslaughter is serious, the prosecution would generally have an arguable case of appeal where the trial court handed down a non-custodial term," he told AAP. "The Crown would likely argue that even allowing for White's mitigating circumstances, his manifest criminality of causing the death of Clare Nowland warrants a custodial term." Mrs Nowland, who experienced symptoms of undiagnosed dementia and weighed less than 48kg, was holding a knife and using a walking frame when she encountered White. White drew his weapon and pointed it at her for a minute before saying "nah, bugger it" and firing the weapon at her chest. The great-grandmother fell and sustained a fatal brain injury. The judge was wrong to conclude a jail sentence would be "disproportionate" to the seriousness of the offending, prosecutors allege. Her eldest son Michael has called the sentence "very disappointing". "A slap on the wrist for someone who's killed our mother - it's very, very hard to process that," he said.
7NEWS
16 hours ago
- 7NEWS
Independent Tasmanian MP Craig Garland pleads guilty to driving while under the influence of cannabis
An independent politician who has 'smoked for quite a long time' has pleaded guilty to drug driving after failing a roadside test on a fishing trip. Craig Garland was elected to Tasmania's parliament in March 2024 and has held a crucial balance-of-power position on the crossbench. He is campaigning for re-election at the July 19 snap election, which was triggered after a no-confidence motion passed against the state's minority Liberal premier. The 60-year-old appeared in Burnie Magistrates Court on Thursday charged with driving a motor vehicle while a prescribed illicit drug was present in his oral fluid. It related to a positive test in early November in the state's northwest. Garland pleaded guilty and will next face court for sentencing on September 15. He previously told AAP he returned a positive result from a tongue-scrape test on his way to go fishing after smoking cannabis the night prior. He said he used cannabis on-and-off for pain relief, particularly for the ongoing effects of a broken leg, but didn't have a medical prescription. 'I've smoked for quite a long time. I didn't leave it long enough before I drove but I didn't think it would be a problem,' he said in November. 'I'm not driving around whacked up or pissed (drunk). I guess you put it down to bad timing and bad management. 'I don't consider it impairing at all. It might be if you sit there and have 40 cones and whack a few beers in, but not if you're having a little one ... every now and then.' Garland, a former commercial fisherman who has voiced opposition to industrial salmon farming, has campaigned on a shoe-string budget. He previously said the charge was unlikely to be a big issue for his supporters. Garland, who supported the no-confidence motion against the premier, could again hold a powerful crossbench position after the July 19 election. Opinion polling suggests the Liberals and Labor face an uphill battle to win enough seats to form majority government.
