Four months after being found guilty of the manslaughter of the aged care resident, former NSW Senior Constable Kristian White has walked free from court following his sentencing hearing.
In the NSW Supreme Court today (Friday, 28 March), White was handed a two-year Community Correction Order (CCO) with the conditions being he is not to commit another offence, 425 hours of community service work, and supervision by a community corrections officer.
White, 35, had Tasered Clare at the Yallambee Lodge aged care facility in Cooma, 114km south of Canberra, on 17 May 2023 after she held up a knife up to him during an altercation.
The police officer was convicted last November after an eight-day trial heard White said “nah, bugger it” before he discharged his Taser at the resident. She fell and hit her head and died seven days later in hospital.
In sentencing, Justice Ian Harrison said a custodial sentence would have been “disproportionate” and it was “a suitable case for the imposition of a Community Correction Order, subject to conditions”.
The Judge stated that White’s police training should have informed him that Ms Nowland was not a threat and Tasering her was unlawful because it was not necessary to use such force.
However, he found that the act “falls at the lower end of the objective seriousness for crimes of this type” and was not premeditated.
White had provided a written apology to Clare’s family, stating that he took full responsibility for his actions.
Outside of the court, Ms Nowland’s son Michael described the sentence as “a slap on the wrist”.
White was removed from the police force after last year’s guilty verdict but had launched legal action to challenge that decision.
A civil case by Clare’s family against the NSW Government was settled in March 2024.
