A bid to increase the sentence imposed on a police officer who fatally tasered a 95-year-old woman with dementia is currently underway. Former senior constable Kristian James Samuel White discharged his Taser at Clare Nowland after police were called to Yallambee Lodge aged-care home in the early hours of May 17, 2023. Following the incident, White received a two-year good behaviour bond in March, a sentence which Crown prosecutors have deemed “manifestly inadequate.”
Prosecutors have filed an appeal, claiming that NSW Supreme Court Justice Ian Harrison made significant errors in punishing White with a community corrections order instead of imprisonment. An appeal hearing has been scheduled for June 27 in the NSW Court of Appeal, although an earlier date was offered and declined by both the defence and crown lawyers. This delay comes as the possibility of jail time for White looms over the proceedings.
At the time of the encounter, Nowland, who weighed less than 48kg and was displaying symptoms of undiagnosed dementia, was holding a knife and using a walking frame. White aimed his weapon at her for a minute before ultimately firing it at her chest, resulting in a fatal brain injury when she fell. Justice Harrison’s ruling stated that the need to deter similar actions by police officers played a “minor role” in his sentencing decision.
Prosecutors argue that the judge was incorrect in his assessment, particularly in failing to convey a strong deterrent message to law enforcement. They contend that Justice Harrison’s conclusions regarding the severity of White’s crime — describing it as a “terrible mistake” while arguing it was less serious than other manslaughter cases — were misguided. The prosecution also claims the judge erred in stating that a custodial sentence would be “disproportionate” to the offence’s seriousness.
Clare Nowland’s eldest son, Michael, expressed his disappointment with the initial sentence, describing it as “a slap on the wrist” for an act that resulted in his mother’s death. The family finds it incredibly difficult to reconcile the outcome of the case, highlighting the ongoing emotional toll this incident has taken on them. As proceedings continue, there remains significant public scrutiny surrounding police conduct and accountability in use-of-force incidents, particularly involving vulnerable individuals.