By Francisco Silva -
Kristian White was convicted for the unlawful killing of 95-year-old Clare Nowland. The Crown claimed there was evidence for both manslaughter by unlawful and dangerous act, and manslaughter by criminal negligence.
For a little over one hour, The Hon. Justice Ian Harrison detailed the arguments presented by both the Crown and the defendant, before administering his judgement – a two-year Community Corrections Order
Clare Nowland was a resident at an aged care facility at Cooma in southern New South Wales. She suffered from symptoms of cognitive impairment, similar to dementia. On 17 May 2023, Mrs Nowland grabbed a knife from the kitchen and was seen roaming around communal areas. Members of staff were unable to retrieve the knife and, as the situation escalated, a Registered Nurse called triple zero for an ambulance.
The operator also notified the police. At about 5am, then Senior Constable White and a colleague arrived at the premises and tried to deescalate the situation. Believing he was left without any other recourse, and that the threat posed against himself and others was high, White deployed his taser, striking Mrs Nowland in the chest and lower abdomen. She fell backwards and hit her head on the floor. Mrs Nowland would die seven days later in hospital.
With Mrs Nowland’s family present in the court, Justice Harrison sought to assess the level of White’s negligence.
“The jury were specifically instructed by me that criminal negligence giving rise to manslaughter is often described as gross or even wicked,” he explained. “It is negligence to such a serious kind that it far exceeds simple carelessness or negligence that occurs frequently in our society.”
“I am unable to conclude that Mr White’s negligence was either gross or wicked.” Justice Harrison outlined that in his view, White “misread and misunderstood the dynamics of the situation”. He added that considering Mrs Nowland’s age and physical weakness, she did not pose a high threat and the situation could’ve been handled differently.
Justice Harrison believed White expressed remorse and regret over his actions and read a letter the offender sent to Mrs Nowland’s family, and to the Court. While the Crown argued White “has shown a very limited degree of contrition or remorse”, Justice Harrison disagreed.
He considered White’s crime was “at the lower end of seriousness of crimes amounting to wrongful death” and decided against a custodial sentence. He stated that White has suffered extra-curial punishment for his actions – his employment with NSW Police has been terminated and he has been made to feel unwelcome in the Cooma community. White has also been diagnosed with major depressive disorder and PTSD.
He was sentenced to a two year Community Correction Order. White cannot commit a new offence and must appear before the court if called upon. Justice Harrison also ordered him to perform 425 hours of community service.
Several members of Mrs Nowland’s family present in the court were visibly emotional, crying and in a state of shock. Unhappy with the outcome, a member of Mrs Nowland’s family later told the waiting media “all we wanted was justice and fairness”.
