Latest news with #ClareNowland
Yahoo
13 minutes ago
- Yahoo
Update in bid to jail Taser cop
A policeman who avoided jail after fatally tasering a nursing home resident could be handed a harsher sentence as soon as next week. Senior Constable Kristian White, now 35, was found guilty of manslaughter of 95-year-old Clare Nowland after he was called to Yallambee Lodge nursing home in Cooma in the state's south on May 17, 2023. White was sentenced to a two-year community order and 425 hours of community service, but the Office of the Director of Public Prosecutions is appealing the sentence. The judgment will be given on July 30. Mrs Nowland was described as being a 'very aggressive' resident who was holding two knives by a nurse, but was holding only one knife and a penlight when White found her sitting in an office after 5am. He repeatedly told her to drop the blade during a confrontation that lasted less than three minutes. When she failed to drop it, White said 'bugger it' before tasering her: Ms Nowland died in hospital days later. White was found guilty of Mrs Nowland's manslaughter in November last year following a NSW Supreme Court trial. White is expected to learn whether prosecutors were successful in their bid to impose a harsher sentence on him, with the matter listed for judgment in the NSW Court of Criminal Appeal (CCA). Cop didn't give Ms Nowland 'any real chance' The DPP's case hinges on four grounds of appeal, including the sentencing judge made several errors by assuming both parties agreed White honestly believed his conduct was necessary, in his assessment of objective seriousness, and in finding that general deterrence had 'little or no role' or only a 'minor' role to play in White's sentence. The sentence is 'manifestly inadequate', the final ground claims. Crown Prosecutor Sally Dowling SC last month argued White did not give Ms Nowland – clearly vulnerable and disoriented – any 'real chance to avoid being tasered'. Footage of the fatal incident made it clear Ms Nowland didn't understand or hear White's instructions, Ms Dowling told a CCA hearing. 'The respondent did not give her any real chance to avoid being tasered,' Ms Dowling said. '(There were) many alternate actions that he could have and should have taken.' Ms Nowland didn't advance towards White at any point, and needed to hold onto her walker with both hands, Ms Dowling said, which all fell under the Crown's appeal of objective seriousness. She told the court it took White less than three minutes after first seeing Mrs Nowland to deploy his taser, which caused her to immediately fall and hit her head. 'She never regained consciousness after that fall, and that injury caused her death seven days later,' Ms Dowling said. White's lawyer, Troy Edwards SC, rejected the Crown's claims that Mrs Nowland posed no threat, arguing it was inconsistent with observations of the sentencing judge and witnesses. He also urged the court not to place emphasis on footage from the incident, but to rely on the accounts of witnesses who he said felt frightened as the incident unfolded.
The Guardian
27-06-2025
- The Guardian
Kristian White did not give Clare Nowland ‘real chance to avoid being Tasered', prosecutors argue
An ex-police officer who 'rushed' to deploy his Taser against a 95-year-old woman during an encounter at a nursing home in Cooma should be sentenced to jail time after a 'manifestly inadequate' non-custodial sentence was imposed on him earlier this year, a court has heard. Kristian James Samuel White, while a New South Wales police constable, fired his Taser at Clare Nowland two minutes and 40 seconds after being called to the Yallambee Lodge nursing home. She died in hospital a week after the incident in the early hours of 17 May 2023. White, 35, was found guilty of manslaughter by a jury last year and handed a two-year good behaviour bond and ordered to complete community service in March. At the NSW court of criminal appeal in Sydney on Friday, crown prosecutors appealed against the sentence, with the director of public prosecutions, Sally Dowling SC, arguing that supreme court justice Ian Harrison made a number of errors when he decided not to send White to prison. 'The truly senseless, impatient, violent conduct of the respondent that resulted in the death of this very vulnerable victim requires a sentence that gives weight to the principle of denunciation,' she said. Dowling argued that the short period from White arriving at the scene to deploying his Taser, Nowland's obvious vulnerability and mobility issues and non-responsiveness to requests 'and of course, the respondent's comment of 'Nah, bugger it', made immediately before he tasered Mrs Nowland is, we say, clearly, evidence of his impatience with her'. 'This evidence goes to the objective seriousness of the offending,' she said. 'It illustrates how extremely vulnerable Mrs Nowland was, and it also illustrates the respondent did not give her any real chance to avoid being Tasered. 'There were many other options available to him.' Sign up for Guardian Australia's breaking news email Harrison had concluded that jailing White would be disproportionate to the seriousness of the offending, arguing that while the police officer had made a 'terrible mistake', his crime was less serious than other manslaughter offences. Dowling pointed to sentencing statistics in NSW, which showed that since sentencing reforms in 2018 allowed a community corrections order to be given as a penalty for manslaughter, only two sentences have involved a non-custodial sentence. 'In the crown submission, this is not such an exceptional case, and anything other than a custodial sentence was not capable of meeting the multiple purposes of sentencing,' Dowling said. The multiple purposes, she said, were adequate punishment for the offence, accountability and denunciation, and recognition of harm done to the community. In his judgment, Harrison decided the need to deter other police officers from committing similar offences played 'only a minor role' in his sentencing decision. But Dowling argued the issue of deterrence should have been more strongly considered in sentencing. White's barrister, Troy Edwards SC, said the issue of general deterrence should not be a principal concern in this case. 'Does general deterrence really follow in those circumstances? A police officer in the position of the accused, placed in a position of confrontation, who assesses a situation ultimately erroneously … will they be deterred by a stern sentence being imposed on Mr White? In my submission that simply can't work,' he said. Edwards told the court that White had already completed a 'significant proportion' of the community service hours he had been ordered to undertake as per the original sentence and that, significantly, he had been so affected by the trial and publicity that he had been 'an involuntary patient in a psychiatric institution as a consequence'. White had also experienced panic attacks within the last two days, while shopping at Aldi, his lawyer said. 'His worries and PTSD anxiety has worsened since the indexed offence because of fears of being stared at and spoken about,' he said. Edwards said that when considering the relevant seriousness of White's offending, his role as a police officer and duty to resolve the situation with Nowland needed to be considered. 'He was thrust into a confrontational situation that he was duty-bound to resolve. That is, he hadn't chosen to be there,' he said. 'There's no planning for him to commit this offence. It occurred within a short space of time in circumstances where he had a sworn duty to resolve the situation.' The barrister argued that the crown submissions that the judge had not adequately considered Nowland's extreme vulnerability due to her age and infirmity in the sentence was 'just not correct'. 'The age and vulnerability of the victim were undoubtedly part of the reason for the determination of guilt that is criminal liability in the first place,' he said. 'The jury … determined that the level of force was unreasonable, and they did so largely on the basis of the age and infirmity of the deceased.' The justices have adjourned to consider their decision.
ABC News
27-06-2025
- ABC News
Appeal against 'inadequate' sentence for police officer who tasered 95yo Clare Nowland
A prosecutor has told a hearing in the NSW Court of Criminal Appeal a former police officer gave a 95-year-old grandmother "no way" to avoid being tasered. Kristian White, now 35, was found guilty of manslaughter by a Supreme Court jury last November, and in March was sentenced to a two-year community correction order and 425 hours of community service. The Office of the Director of Public Prosecutions filed an appeal against the sentence on four grounds, including that it was "manifestly inadequate". The trial heard White, then a senior constable, had discharged his taser at Clare Nowland inside the Yallambee Lodge aged care facility in Cooma on May 17, 2023. Mrs Nowland, who was using a four-wheeled walker, fell, hit her head and died in Cooma Hospital a week later. Director of the Office of Public Prosecutions Sally Dowling SC today argued the sentencing judge erred in ruling White's actions fell at the lower end of objective seriousness. "This was an extremely unlawful, dangerous act," she said. Ms Dowling argued the sentence imposed did not properly take into account the victim impact statements made by members of Mrs Nowland's family, or the "broader aspect of harm" on the community. "That sense of amazement that this could happen in the community, Your Honour, is something I wish to draw [to] your attention," she said. Ms Dowling told the court police officers were entrusted with dangerous weapons. "They occupy a trusted role in our community and they must take the utmost care to use those weapons carefully," she said."This case required a sentence that sends a clear message that an unjustified resort to force or violence when other options are available will result in serious criminal punishment." During the trial, the jury heard White and another police officer responded to a triple-0 call made by Yallambee Lodge staff as the great-grandmother, armed initially with two knives, roamed the facility with her walker, entering other residents' rooms. She was later found by paramedics and police officers, including White, in a nurses' room at the facility holding one knife. After an exchange of about three minutes, during which officers tried to convince Mrs Nowland to drop the knife, White said "bugger it" and discharged his taser. Ms Dowling today told the court that was "clear evidence of his impatience of her". She said CCTV footage and police body-worn camera vision showed the great-grandmother was "frail" and "plainly incapable of moving very quickly". The hearing is being presided over by Chief Justice Andrew Bell, Justice Anthony Payne and Justice Natalie Adams.
Yahoo
27-06-2025
- Yahoo
Great-granny given 'no chance' to avoid tasering by cop
An ex-police officer spared jail for killing a 95-year-old woman didn't give her "any real chance" to avoid being tasered during an encounter that lasted less than three minutes, a court has been told. Then-senior constable Kristian James Samuel White fired his Taser at Clare Nowland minutes after being called to the Yallambee Lodge nursing home at Cooma in southern NSW. She died in hospital a week after the incident in the early hours of May 17, 2023. The 35-year-old was handed a two-year good behaviour bond and ordered to complete community service in March after a jury found him guilty of manslaughter. Crown prosecutors appealed against the "manifestly inadequate" sentence when the case went to the NSW Court of Criminal Appeal in Sydney on Friday. Director of Public Prosecutions Sally Dowling SC argued that Supreme Court Justice Ian Harrison made a number of errors when he decided not to send White to prison. She told the court Mrs Nowland suffered symptoms of dementia and relied on her walking frame to move around the building. "All of the footage … shows how frail she was, how disorientated she was and how confused she was in the hours leading up to the events," Ms Dowling said. The great-grandmother was "extremely vulnerable" at the time because she was tired, confused, frail and moved slowly. She had no discernible reaction to his warnings or requests to drop the knife she was holding during the two minutes and 40 seconds interaction with White. "At no time did Mrs Nowland advance brandishing the knife," Ms Dowling said. She was stationary when he said "nah bugger it" and discharged the Taser at her chest, causing her to fall backwards and sustain a brain injury. "(White) did not give her any real chance to avoid being tasered," Ms Dowling said. "There were many other options available to him." Justice Harrison was wrong to conclude jailing White would be disproportionate to the seriousness of the offending. He also mistakenly found the police officer made a "terrible mistake" but his crime was less serious than other manslaughter offences, prosecutors claim. In his judgment, Justice Harrison decided the need to deter other police officers from committing similar offences played "only a minor role" in his sentencing decision. But Ms Dowling believes he should have issued a strong warning to other police. Mrs Nowland's eldest son Michael slammed the sentence as "very disappointing" when it was handed down. "A slap on the wrist for someone who's killed our mother - it's very, very hard to process that," he said. Mrs Nowland's family attended every day of White's trial and returned to fill rows of the public gallery during the appeal, which continues on Friday.
News.com.au
26-06-2025
- 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.
