In a decision that has stunned many, former Senior Constable Kristian James White has escaped jail time for the manslaughter of 95-year-old Clare Nowland, a great-grandmother with dementia.
The incident, which occurred in the early hours of 17 May 2023 at Yallambee Lodge, an aged-care home in Cooma, New South Wales, ended with White being sentenced today, 28 March 2025, to a two-year Community Correction Order (CCO) instead of imprisonment.
The ruling, handed down by Justice Ian Harrison in the NSW Supreme Court, has left Nowland’s family and the public grappling with a sense of disbelief.
White, 35, fatally tasered Mrs Nowland after police were called to the care home where she was holding a knife and using a walking frame. Staff had been unable to disarm her, and White, after reportedly saying “nah, bugger it,” discharged his Taser.
The barbs struck her chest, causing her to fall and hit her head. She suffered a brain bleed and died in hospital a week later. The former officer was found guilty of manslaughter in November 2024, a charge carrying a maximum penalty of 25 years in prison, though non-custodial sentences are permissible.
Justice Harrison described White’s actions as a “terrible mistake” and an “error of judgement,” noting that the crime fell at the lower end of objective seriousness for manslaughter. He argued that White had “completely misunderstood” the situation, overestimating the threat posed by the frail, elderly woman.
The judge highlighted that Mrs Nowland, who had mobility issues and symptoms consistent with cognitive impairment, posed no substantial danger.
“Tasering Mrs Nowland was unlawful because it was not, and could not have been, reasonably necessary,” Harrison stated, adding that a custodial sentence would be “disproportionate” given White’s lack of prior intent and low risk of reoffending.
Under the terms of his CCO, White must complete 425 hours of community service and remain under supervision, conditions that have drawn sharp criticism from prosecutors and the victim’s family.
Crown Prosecutor Brett Hatfield had argued for a full-time custodial sentence, insisting that a CCO amounted to “effectively no penalty” for such a grave offence. He pointed to the brevity of the encounter – White tasered Mrs Nowland within three minutes of seeing her – and the excessive nature of the force used against a vulnerable person.
Defence barrister Troy Edwards, however, successfully contended that the case sat at the “very lowest end” of manslaughter offences, a view the judge ultimately endorsed.
Clare Nowland’s family, who filled rows of the courtroom gallery, have condemned the outcome.
In earlier victim impact statements, they described her death as “gutless,” “brutal,” and “inhumane,” mourning the loss of a woman known for her decades of volunteer work and adventurous spirit. They are expected to address the media following the sentencing, with many anticipating a strong rebuke of the leniency shown to White.
The former officer, sacked from NSW Police in December 2024 after his conviction, has since launched legal action to challenge that dismissal through the Industrial Relations Commission.
In a letter of apology submitted to the court, White expressed remorse, stating, “I felt and still feel horrible about what happened,” and acknowledging the pain inflicted on Mrs Nowland’s loved ones. Yet, for many, his words ring hollow against the backdrop of his avoided jail time.
The case has reignited debates about police use of force, particularly against vulnerable individuals. CCTV footage, released by the court, showed Mrs Nowland moving slowly with her walker, clutching two small knives and a jar of prunes, underscoring the stark disparity between her actions and White’s response.
Justice Harrison acknowledged that White’s police training should have guided him to recognise her frailty, but “sadly, it did not.”
As White walked free from the NSW Supreme Court today, hand-in-hand with his fiancée, the ruling leaves a bitter taste for those who see it as a failure of justice. For Clare Nowland’s family, the pain of her loss is now compounded by a sentence they view as inadequate for the life taken.
