Appeal date set after Taser cop Kristian White avoids jail time over 95 yo’s death

A hearing date has been set as prosecutors attempt to appeal former NSW Police officer Kristian White’s sentence, after he avoided jailtime over the death of a 95-year-old aged care resident.

Mr White was found guilty of manslaughter following a jury trial last year into the death of great-grandmother Clare Nowland, who he tasered at Yallambee Lodge in Cooma on May 17, 2023.

The 35-year-old was sentenced to a two-year community corrections order with 425 hours of community service – a sentence the NSW Director of Public Prosecutions (ODPP) is seeking to overturn.

A single-day hearing into the appeal will take place on June 27 before the NSW Court of Criminal Appeals, with the ODPP earlier stating Mr White’s sentence was deemed “manifestly inadequate.”

Documents released by the court state the ODPP will appeal the sentence handed down by Justice Ian Harrison on four grounds, including that he erred in assessing the objective seriousness.

The ODPP will also allege he “erred in mistaking the facts by proceeding on the basis that it was agreed between the parties that the Offender held an honest belief that his conduct was necessary.”

Mr White attended the aged care facility with paramedics and spent several minutes attempting to persuade Mrs Nowland to put down knives she was carrying.

The former police officer eventually said “nah, bugger it” and deployed his Taser after Mrs Nowland slowly started walking towards him at the entrance of the door, which led to her falling backwards and hitting her head.

She died a week later in hospital after suffering from an inoperable brain bleed.

In his judgment, Justice Harrison earlier this year said the incident fell in the lower end of objective seriousness for manslaughter and sending White to prison would be a “disproportionate” sentence.

Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren, with her son, Michael Nowland, telling Nine earlier this year that the family was devastated by the trial outcome.

“For a deliberate, inhumane act that he did, absolutely,” Michael Nowland told Nine when asked if they believed Mr White should be in jail.

“He had control of that weapon, he loaded the weapon, he pointed the weapon and discharged the weapon.”

In a letter read to the court during his sentencing, Mr White said he was “truly sorry” and took “full responsibility” for his actions.

“I deeply regret my actions and the severe consequences they have caused,” he said.

Continuing that there “isn’t a single day” that goes by that he didn’t think about the day of the incident.

“I have lost the job and career I enjoyed immensely and dedicated myself to for over a decade,” he said.

“Police face difficult situations and are required to use judgment and if they make mistakes, they are expected to answer them, which I believe I have.”

Mr White has not spent any time behind bars since he was charged over the fatal confrontation. He was stood down as a police officer after his conviction.