Lawyers for a former police officer who fatally tasered a 95-year-old aged care resident have dismissed as “nonsense” the suggestion that sending him to jail would prevent similar incidents.
Then-senior constable Kristian James Samuel White, 35, fired his taser at Clare Nowland after being called to Yallambee Lodge nursing home at Cooma in southern NSW on May 17, 2023.
What Happened That Day
Nowland fell and did not regain consciousness and died in hospital a week later.
White was handed a two-year good behaviour bond and ordered to complete community service in March after a jury found him guilty of manslaughter.
Appeal Against “Manifestly Inadequate” Sentence
Crown prosecutors quickly lodged an appeal against the sentence, which went before the Court of Criminal Appeal on Friday.
NSW Director of Public Prosecutions Sally Dowling SC argued Supreme Court Justice Ian Harrison made errors when he decided not to send White to prison.
“(Police) occupy a trusted role in our community and they must take the utmost care to use those weapons carefully,” Dowling 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.”
Defense Argument
But White’s lawyer Troy Edwards SC argued general deterrence had no role to play because his client made an error in judgment by believing Nowland posed a threat that justified the use of a taser.
“If the officer has an honest belief that is unreasonable, general deterrence has no role to play,” Edwards said.
Prosecution Responds
Downing contested the suggestion White had an honest belief his actions were necessary.
She noted Nowland was experiencing dementia symptoms, relied on her walking frame to move and was “extremely vulnerable” when she encountered White.
During the brief, two-minute and 40-second encounter, White drew his weapon and pointed it at her for a minute before saying “Nah, bugger it” and discharging the weapon at her chest.
Nowland, who weighed less than 48kg, fell and suffered a fatal brain injury.
“(White) did not give her any real chance to avoid being tasered,” Dowling said.
“There were many other options available to him.”
Judges’ Decision
The panel of appeal judges will hand down their decision at a later date.