The Director of the Office of Public Prosecutions, Sally Dowling SC, appeared before the New South Wales Court of Criminal Appeal last Friday, arguing the sentencing of former police officer Kristian White, who fatally Tasered 95-year-old Clare Nowland, was inadequate.
White, 34, was convicted of manslaughter in November 2024 after using a Taser on Ms Nowland at Yallambee Lodge, Cooma, 114km south of Canberra, on 17 May 2023. Ms Nowland, who weighed just 43kg at the time and used a walking frame, suffered a head injury in the fall and died in hospital a week later.
In March, White was sentenced to a two-year community corrections order and 425 hours of community service, avoiding jail time.
The Prosecutor has appealed the sentence, calling it “manifestly inadequate". Dowling said White failed to give Nowland “any real chance” to comply before tasering her, after a confrontation lasting less than three minutes. She argued Nowland was clearly frail, confused, and unresponsive to verbal commands, and posed no imminent threat.
White’s comment “bugger it”, made immediately before firing the Taser, demonstrated impatience, she said.
“He did not reflect carefully on the situation as it required, but rushed into what turned out to be a lethal, highly dangerous action.”
Dowling argued the judge also erred by assuming White had acted on an honest belief that his actions were necessary, and that victim impact statements from Nowland’s family, which expressed a loss of trust in police and public safety, were not given sufficient weight.
White’s lawyer, Troy Edwards SC, defended the original sentence, arguing White was “duty bound” to resolve the incident and that his actions, though tragic, did not warrant imprisonment. He said White had suffered reputational damage and career loss, and continued to suffer from the consequences of his actions.
