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The decision not to incarcerate the ex-officer who fatally used a taser on an elderly care home resident accounted for the animosity he faced, the appeals court has confirmed.
At the time, senior constable Kristian James Samuel White, aged 35, deployed his Taser on 95-year-old Clare Nowland during a call to the Yallambee Lodge care facility in Cooma, located in southern New South Wales, on May 17, 2023.
She did not regain consciousness and died in hospital a week later after a fatal brain bleed.
Justice Harrison took into account the impact of Nowland’s death on her family and the community when determining his sentence, Bell wrote.
The judge overseeing sentencing also appropriately took into account that White had been dismissed from the NSW Police Force and faced hostility in his hometown of Cooma, as pointed out by the chief judge.
The 35-year-old has been diagnosed with severe depression and anxiety and has admitted to thoughts of self-harm since he was sentenced.
The appeals court upheld Harrison’s finding that White’s actions were at the “lower end of seriousness” compared to other manslaughter cases.
Bell dismissed the objections to Harrison’s judgment, which evaluated that general deterrence—or the prevention of similar actions by other police officers—was not a major consideration in the sentencing decision.
This was especially so for cases such as White’s, where there was no premeditation, the chief judge said.
“We do not reside in a flawless world, and mistakes in judgment, even those as tragic and impactful as in this case, occur frequently,” Bell expressed.
White did not say anything to reporters outside court but stared straight ahead as he left with his partner.
Solicitor Sam Tierney said the Nowland family needed time to consider the court’s decision.
“They want to extend their gratitude to the court and particularly to the Director of Public Prosecutions and their team for their dedicated efforts in pursuing this appeal.”
There was a potential to make an application for special leave to the High Court, but that was a decision for the DPP, Tierney said.
Nowland’s family was looking ahead to a coronial inquest, when wider issues would be considered, the solicitor told reporters.
White is fighting the loss of his job with NSW Police.
A conciliation conference is due to be held in the Industrial Relations Commission on August 12.
Support is available by calling Lifeline on 13 11 14 or beyondblue on 1300 22 4636.
