A former police officer has been spared a jail sentence over his fatal decision to Taser a 95-year-old woman with dementia symptoms at an Australia aged care home.
Kristian White said he had used the weapon to prevent a “violent confrontation” after finding Clare Nowland disoriented and holding a small kitchen knife in May 2023.
But the officer was found guilty of manslaughter by a jury last November, after prosecutors argued his actions towards the great-grandmother, who later died of her injuries, were “grossly disproportionate”.
The case sparked public outcry, with the judge at one point saying it was “unlike any other that I have had to confront” over nearly two decades on the bench.
Handing down his sentence in the New South Wales (NSW) Supreme Court on Friday, Justice Ian Harrison said White’s actions at Yallambee Lodge in the town of Cooma, near Canberra, were a “terrible mistake”.
The “obvious” reality was that Mrs Nowland was a “frail and confused 95-year-old woman” who “posed nothing that could reasonably be described as a threat of any substance”.
“The simple but tragic fact would seem to me to be that Mr White completely – and on one available view inexplicably – misread and misunderstood the dynamics of the situation,” Mr Harrison said.
The trial heard White was called to the care home around 04:00 on 17 May 2023, after Mrs Nowland was seen ambling around the premises with two serrated steak knives.
Body cam footage showed he warned Mrs Nowland to drop the blades while aiming his weapon at her, before saying “bugger it” and firing. She fell and hit her head, triggering a fatal brain bleed.
The defence highlighted evidence from one of the paramedics and White’s police partner who both said Mrs Nowland had made them feel scared for their safety.
But prosecutors had argued Mrs Nowland – who weighed under 48kg (105lb) and used a walker to get around – did not pose a threat and the officer was “impatient”, using his weapon just three minutes after confronting her.
Mrs Nowland’s family, at a sentencing hearing last month, said White’s “unfathomable” and “inhumane” actions had forever changed their lives.
“To this day I am traumatised by this gutless coward act,” Michael Nowland, Clare’s eldest son, told the court.
He described his mother as “the most caring person in the world” and said the family wanted justice.
White previously told the court he didn’t think Mrs Nowland would be “significantly injured” and that he was “devastated” by her death.
In a letter of apology to her relatives, White wrote: “I deeply regret my actions and the severe consequences they have caused, to not only Mrs Nowland, but also to your family and the greater community.”
White had served as a police officer with the NSW police for 12 years before he was removed after his conviction.
Justice Harrison said a jail term was not necessary, given White had already lost his job and become an unwelcome member of the local community, and did not pose a risk of reoffending. He added it would also be difficult for a former officer to live in prison.
He sentenced White to a community corrections order of two years – essentially a good behaviour bond – and 425 hours of community service.
Mrs Nowland’s death sparked global outrage and drew scrutiny over NSW Police’s use of force.
Commissioner Karen Webb described the death as “a terrible tragedy” that shouldn’t have happened, but stressed that the force’s Taser and training policies are appropriate.
By BBC News
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