Why killer cop not jailed for Taser death

Yahoo

29-03-2025

A stunned silence was heard in a Supreme Court room as the family of an elderly woman, who was fatally tasered by a former NSW Police officer, were told the man who had killed their matriarch would not spend any time behind bars.
Senior Constable Kristian White, 34, was found guilty in November of the manslaughter of Clare Nowland, 95, following a trial in the NSW Supreme Court.
In NSW, manslaughter carries a maximum penalty of 25 years imprisonment.
However, in the Supreme Court on Friday, White was sentenced to a two year community corrections order.
Under the conditions, White is to perform 425 hours of community service and is not to commit any further offence.
White had been called to Yallambee Lodge nursing home in Cooma before 5am on May 17, 2023 to assist with Mrs Nowland, whom a nurse described as a 'very aggressive' resident holding two knives.
Mrs Nowland, who used a walking frame to move slowly around the home, was holding a single knife and a penlight when White found her sitting in an office after 5am.
He repeatedly told her to drop the blade during a tense two-minute confrontation before he pointed his service Taser at the great-grandmother and activated the warning signals.
The jury was told Mrs Nowland had undiagnosed dementia which made it difficult for her to follow directions. The Taser was pointed at her for a minute before White pulled the trigger.
'Nah … just bugger it,' White said before deploying the Taser probes at her chest.
'Got her.'
Mrs Nowland fell backwards and struck her head on the floor. She died in hospital days later.
After four days of deliberation, the jury unanimously found White guilty of manslaughter on November 27 last year.
White was suspended with pay throughout the trial, but was removed from the NSW Police Force days after the verdict was handed down. White is challenging the decision.
Prison a 'disproportionate' sentence
While Mrs Nowland's eldest son Michael deemed the sentence as 'a slap on the wrist', Justice Ian Harrison said White had made 'a terrible mistake'.
'I am unable to conclude his actions were either gross or wicked,' he told the court on Friday morning.
'The simple but tragic fact is that Mr White completely and inexplicably misread and misunderstood the dynamics of the situation … and over-estimated both the existence and the level of the threat created by Mrs Nowland in the circumstances.'
Of his decision, Justice Harrison added the incident fell within the lower end of objective seriousness for manslaughter and that time in prison would be a 'disproportionate' sentence.
Justice Harrison said it was agreed upon that a custodial sentence for a former police officer and the likely conditions in jail would be 'unduly onerous', and could only be served in 'some form of protective isolation'.
Moreover, he noted that White doesn't pose any risk or danger to the community, nor does he pose any risk of reoffending.
'Mr White submitted that his lack of criminal history and strong family support militate strongly in favour of a community based order to allow him to continue his road to rehabilitation,' Justice Harrison said.
In NSW, intensive corrections orders – a sentence of imprisonment served in the community under strict supervision – are not available for serious offences such as manslaughter.
Rather, Justice Harrison arrived at a community corrections order, which is typically deemed a more flexible sentencing option.
'A slap on the wrist'
But while White is set to return to his Cooma home to serve his sentence, the Nowland family have repeatedly reminded the former cop he is no longer 'a welcome member' of their tight-knit community.
On behalf of Mrs Nowland's family her eldest son Michael made an emotional admission 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 on Friday.
'It's difficult for our family … we are very emotional and we all need time to process.
Michael added his family does not accept White's letter of apology.
The family previously told the court in a sentencing hearing they frequently suffered the cruel reality of running into White in the Cooma community while he was on bail.
'I will never forgive this officer for tasering and killing my mum,' Michael Nowland said.
'Mum did not deserve to have her life end in this manner … she was a caring and dignified lady, but she did not die with dignity.'
Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren, many of whom attended the sentencing.
In a letter read to the court on Friday, White said he is 'truly sorry' and takes 'full responsibility' for his actions.
'I deeply regret my actions and the severe consequences they have caused,' he said.
White said there 'isn't a single day' that goes by in which he doesn'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.'
White has not spent any time behind bars on remand since he was charged over the fatal confrontation.