Nov 28, 2024

Police Officer Convicted of Manslaughter Over Death of Aged Care Resident

Police Officer Convicted of Manslaughter Over Death of Aged Care Resident

Senior Constable Kristian White, 34, has been found guilty of manslaughter following the death of Clare Nowland, a 95-year-old aged care resident, after he tasered her during a confrontation at Yallambee Lodge nursing home in Cooma, New South Wales.

The incident, which occurred on 17 May 2023, sparked widespread outrage and scrutiny over the use of force by law enforcement against vulnerable individuals.

The jury’s verdict, reached after five days of deliberation, came at the conclusion of an eight-day trial in the NSW Supreme Court.

The case revolved around whether White’s actions were “reasonably necessary” under the circumstances—a question that divided opinion and prompted heated courtroom exchanges.

White and another officer responded to an early-morning emergency call reporting an aggressive resident armed with two knives. Mrs Nowland, who relied on a walking frame and weighed less than 43 kilograms, was described as uncharacteristically agitated, likely due to undiagnosed dementia.

By the time White arrived, she was holding one serrated steak knife and standing unsteadily.

Body-worn camera footage presented in court captured White repeatedly ordering Mrs Nowland to sit and drop the knife. When she failed to comply, he activated his Taser, discharging it after saying, “Nah, just bugger it.”

Mrs Nowland fell backwards, striking her head on the floor. She succumbed to her injuries, including an inoperable brain bleed, a week later.

At the heart of the trial was whether White’s use of force was proportional and justified. Crown Prosecutor Brett Hatfield SC argued that Mrs Nowland posed no imminent threat due to her frailty, advanced age, and mobility limitations.

He described White’s actions as “utterly unnecessary and obviously excessive,” noting that no one had been harmed in the two hours Mrs Nowland had been holding the knives.

The defence, however, painted a different picture. White’s barrister, Troy Edwards SC, argued that the officer believed the situation was escalating and that Mrs Nowland could harm herself or others.

White testified that he felt he had exhausted all options, including verbal commands, physical intervention, and activating the warning arc of the Taser.

“I didn’t want to Taser Clare, but I was weighing up the safety of everyone present,” White told the court.

He maintained that stepping away from the situation was not an option, as leaving Mrs Nowland armed posed a continued risk to staff and residents.

Justice Ian Harrison directed the jury to consider whether White’s actions aligned with the standards of reasonable force under NSW law.

The defence stressed the unpredictability of the situation, while the Crown pointed to the officer’s words—“bugger it”—as evidence of impatience and frustration, rather than necessity.

The jury ultimately sided with the prosecution, finding that White’s decision to deploy the Taser breached his duty of care to Mrs Nowland. Their unanimous verdict marks a rare conviction of a police officer for manslaughter in Australia.

White’s bail conditions remain under review as the court considers whether to remand him in custody ahead of sentencing.

Prosecutors argue that his continued freedom is untenable given the severity of the offence. Sentencing will take place at a later date, with potential penalties including a custodial sentence.

The case has reignited debates about the use of force by police, particularly in situations involving vulnerable individuals.

NSW Police Commissioner Karen Webb has pledged to review training protocols to ensure officers are better equipped to handle such incidents.

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  1. I note that this resident had over 50 direct descendants living. So why did she need to be “cared for” in an aged care facility at all?

    Warehousing older relatives is the problem not the policeman’s over eager use of his weapon.

    1. Because of her behavioural and psychological symptoms of dementia that was un diagnosed at 95yo.

      I’m sure when she returned from the Cooma hospital the month before she died a behaviour support plan was put in place. And this usually includes families being involved when behaviours escalate and coming into the facilities or speaking on the phone to help staff calm them down.

      I read that the daughter demanded a decrease in dosage of her medication 2 days prior to her death due to what she considered drowsiness.

      I wonder if they had just left her medication as the Dr ordered and family had not interfered in the medical assessment Clare could still be alive. I wonder if they feel any guilt for their part in what happened.

      It is quite common for families now to overrule a Drs medication order especially anti-psycotics and anti-anxiety meds, but will not answer the phone or come to help when the inevitable happens, behaviours start and they get aggressive and agitated

    2. How would the officer know about 50 descendants, that’s irrelevant ! He showed no understanding of the situation, or patience, and deserves jail time for manslaughter!

  2. Im writing as an ex-aged care manager of a dementia unit and was employed as a Behaviour Consultant at an RACF in Canberra. I also set up the DBMAS Program in Canberra.

    There are two principle losers in this case, the elderly lady and the police officer.

    Our legal system tends tend to focus on questions such as ‘who is to blame’, rather than ‘what went wrong’. I see this tragic event as a systems failure. If you remember that excellent TV program ‘Air Crash Investigation’, it was noted that catastrophic accidents in airplanes tend to be the cumulative effect of poor decisions made along the contiuum of decision making, untill it cascades into a catastrophic event. Rather than one person being singled out as ‘responsible’, a more strategic and sophisticated analysis of events shows minor mistakes made at different points alonmg the contiuum of choices, accumulate until some catastrophic threshold is reached. Blaming a police officer is missing the point.

    What might be ‘systems explanations’?

    Were the staff trained in behaviour management technigues for old folk with a dementia? If not, why not? Do the staff undertand the behavioural issues that persons with dementia can display? If not, why not? What was the policy on managing a person such as this elderly lady? What processess led to calling the police? What training do the police have to manage persons with dementia? What training do the police have for using tasers and revolvers against members of the public? There are many more questions, but you get the point.

    It was a ‘threshold’ when the police came with guns and tasers. I mean, if they had come without tasers then no-one would have been tasered. Should police attend RACFs with tasers? Do they have a policy?

    Final point. Do you know how many people are stabbed to death in RACFs by elderly ladies with knives? In 20 years working in older persons mental health I have never heard of one.

    Thanks if you got this far. Sorry any typos. Tony Schumacher-Jones

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