Appeal hearing date set for former NSW Police officer who avoided jail over taser death

A hearing has been scheduled as prosecutors attempt to appeal a sentence handed to a former NSW Police officer, who avoided jail time over the taser death of a 95-year-old aged care resident. On March 28, Kristian White was handed a two-year community correction order in the NSW Supreme Court, after the May 2023 death of Clare Nowland. The Office of the Director of Public Prosecutions advised it would be challenging the sentence less than a week later.

"After careful consideration of the judgement, the director has determined to file an appeal against the inadequacy of the sentence imposed in this matter," a spokesperson said in a statement on April 2. Clare Nowland, who had dementia, died in Cooma Hospital after being tasered. The NSW Court of Criminal Appeal today heard a single-day appeal hearing would take place on June 27.



Acting Registrar Peter Clayton set aside two hours for the matter. Mr Clayton said he had "ample opportunity" to bring the date forward, noting White would be awaiting the outcome of the appeal. "That can certainly be facilitated," Mr Clayton told the Court.

"I'm mindful the question is whether Mr White may or may not be returned into custody. "I can only imagine that is weighing on him." White was found guilty of manslaughter for the death of Mrs Nowland by a jury after a trial last November.

White, 35, tasered the great-grandmother at the Yallambee Lodge in Cooma on May 17, 2023. Mrs Nowland fell backwards, hit her head and died a week later in Cooma Hospital after suffering an inoperable brain bleed. During the trial, the 12-person jury was shown CCTV and emergency services body cam footage leading up to the incident.

It showed Mrs Nowland moving around the aged care facility in the early hours of the morning with two knives she took from the kitchen. White attended the aged care facility with paramedics, and spent several minutes attempting to instruct Mrs Nowland to put one of the knives down. White eventually said "Nah, bugger it" and deployed his Taser after the 95-year-old slowly started walking towards him at the entrance of the door.

White was found guilty of manslaughter in the NSW Supreme Court. Justice Ian Harrison told the NSW Supreme Court that White's crime fell on the lower end of objective seriousness at his sentencing in March and a custodial sentenced would be "disproportionate to the objective seriousness of the offence". "Mr White does not present a risk or a danger to the community," Justice Harrison said .

Mrs Nowland's family called the outcome "a slap on the wrist" at the time..