“Slap on the wrist” – prosecutors to appeal ‘taser cop’ non-custodial sentence
Prosecutors will appeal the sentence of former NSW police officer Kristian White, who, on Friday was handed down a two year Community Corrections Order for the manslaughter of 95-year-old Clare Nowland, a crime which carries a maximum penalty of 25 years imprisonment in NSW.
Under these conditions, Mr White will be required to perform 425 hours of community service and must not commit any further offences.
Of his decision, Supreme Court Justice Ian Harrison said prison would be a “disproportionate” sentence for Mr White and it was likely that conditions in jail would be “unduly onerous.”
However, on Wednesday it was revealed that the Office of the Director of Public Prosecutions (ODPP) plans to appeal the sentence, a decision that has been welcomed by Mrs Nowland's family.
“After careful consideration of the judgment, the director has determined to file an appeal against the inadequacy of the sentence imposed in this matter,” an ODPP spokesperson said in a statement.
Upon sentencing Mrs Nowland family expressed their profound disappointment, with Mrs Nowland’s eldest son Michael calling it a “slap on the wrist”.
When asked if he believed Mr White should be in jail, Michael told Nine News “for a deliberate, inhumane act that he did, absolutely.”
“He had control of that weapon, he loaded the weapon, he pointed the weapon and discharged the weapon,” he said.
“We’ve just got to get a sentence that matches the crime … all we want is justice.”
Daughter Lesley Lloyd told Nine the family could have accepted it if their mother had died of natural causes, but the reality of Mrs Nowland’s death were “unacceptable”.
“He has taken a life, he was charged with manslaughter, found guilty by a jury, and I definitely think there should be some consequences for that,” she said.
“It’s just been a weight on me for the last two years.
“I just can’t be myself, I don’t think, it’s just awful.”
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As a very experienced Manager of Residential Aged Care facilities over many years, I believe this extremely tragic event should never have occurred.
Care of older residents in a facility should be afforded special & expert care by staff employed with the appropriate training & skills, particularly in the management of people with Dementia.
During my over 50 years of managing aged care facilities and supporting appropriately trained & experienced staff, there has NEVER been ANY time that the Police needed to be called!!! It is absolutely appalling that a young Police Officer was put in this position, which has resulted in the destruction of his career, together with untold personal trauma.
This is in addition to the terrible anguish of Mrs. Nowland’s family.
Police should never have been called!!!!
My questions are:
1. Where was the RN in Charge that night ??
2. Why wasn’t it possible to de-escalate the whole situation in a proper & calm manner, rather than escalating the fear in an already fearful & frail older lady????
3. Why weren’t the service areas where the knives were kept properly secured ??
It is certainly of great concern that no mention has been made of the lack of foresight / care, which should have been afforded to residents at risk of confusion & behavioural issues, by the staff on duty that night.
Why hasn’t the management of the facility been held to account ???
This dreadful incident just further indicates what many of us have been saying, since the changes to aged care were introduced in 1997, which indicated that residents just needed care to be delivered by ‘personal carers’ in a ‘homelike’ environment!!! This concept completely ignored the fact that older people require fulltime professional care, due to their many & complex needs.
I can only hope that some good can be retrieved from this absolutely dreadful event, in that Aged Care Facility Managers properly support their staff and ensure they are fit for purpose at all times !!!!