Officer spared jail over fatal Tasering of 95-year-old

Former Police Officer Avoids Jail in Taser Death of 95-Year-Old Woman with Dementia

An ex-police officer has been given a non-custodial sentence for his role in the death of a 95-year-old woman suffering from dementia, after he deployed a Taser at an aged care facility in Australia. The incident involving the elderly resident, Clare Nowland, who was tasered at her nursing home, led to manslaughter charges against the former officer. The court’s decision has concluded the sentencing phase in this highly publicized case.

Incident at Aged Care Home

Kristian White, the former officer, stated he utilized the Taser to avert a “violent confrontation” when he encountered Clare Nowland, who was disoriented and holding a small kitchen knife in May 2023. The event occurred at Yallambee Lodge, an aged care residence in Cooma, near Canberra.

Manslaughter Conviction and Public Reaction

Despite his claims, a jury convicted White of manslaughter last November. Prosecutors successfully argued that his actions against the great-grandmother, which resulted in her death from subsequent injuries, were “grossly disproportionate” to the situation. The case ignited public outcry, with the presiding judge acknowledging its unique nature during the proceedings, noting its unprecedented circumstances in his extensive judicial career.

Sentencing in NSW Supreme Court

Justice Ian Harrison delivered the sentence at the New South Wales (NSW) Supreme Court on Friday, characterizing White’s conduct at Yallambee Lodge as a “terrible mistake.” He emphasized the “obvious” vulnerability of Mrs. Nowland, describing her as a “frail and confused 95-year-old woman” who presented no legitimate threat.

Judge’s Remarks on Officer’s Misjudgment

“White completely – and on one available view, inexplicably – misread and misunderstood the dynamics of the situation,” Justice Harrison stated. This highlighted the judge’s view of the officer’s significant error in assessing the situation.

Details from the Trial

Circumstances Leading to the Tasering

The court during the trial was informed that White was dispatched to the care facility around 4:00 AM on May 17, 2023, following reports of Mrs. Nowland wandering with two serrated steak knives.

Bodycam Footage and Weapon Deployment

Body camera footage presented in court showed White instructing Mrs. Nowland to drop the knives while aiming his Taser. The footage then captured him saying “bugger it” before discharging the weapon. Mrs. Nowland subsequently fell, sustaining a critical head injury that led to a fatal brain hemorrhage.

Conflicting Accounts and Prosecution’s Stance

The defense presented testimony from a paramedic and White’s police partner, both of whom indicated that Mrs. Nowland made them feel unsafe. However, the prosecution countered this by asserting that Mrs. Nowland, weighing less than 48kg (105lb) and reliant on a walking frame, posed no actual threat. They argued the officer acted with “impatience,” deploying his Taser merely three minutes after the initial confrontation.

Family’s Grief and Quest for Justice

During a prior sentencing hearing, Mrs. Nowland’s family articulated the profound and irreversible impact of White’s “unfathomable” and “inhumane” actions on their lives.

Son’s Testimony and Family’s Anguish

“To this day I am traumatised by this gutless coward act,” Michael Nowland, Clare’s eldest son, conveyed to the court, expressing the lasting trauma inflicted by the incident. He remembered his mother as “the most caring person in the world” and communicated the family’s desire for justice in the case.

White’s Remorse and Apology

White had previously stated to the court his belief that Mrs. Nowland would not be “significantly injured” by the Taser and expressed his “devastation” regarding her death. In a written apology directed to her family, White conveyed: “I deeply regret my actions and the severe consequences they have caused, to not only Mrs Nowland, but also to your family and the wider community.”

Sentence and Community Impact

Having served 12 years with the NSW police force before his dismissal post-conviction, Justice Harrison determined that imprisonment was not warranted. He cited White’s job loss, ostracization from his community, and low risk of recidivism as mitigating factors. The judge also acknowledged the inherent difficulties a former police officer would face in a prison environment.

Community Corrections Order and Service

Consequently, White received a two-year community corrections order, effectively a good behaviour bond, alongside a requirement to complete 425 hours of community service.

Broader Implications and Police Response

Mrs. Nowland’s death elicited widespread condemnation and intensified scrutiny concerning the NSW Police’s protocols on the use of force, particularly involving Tasers.

Police Commissioner’s Statement

Commissioner Karen Webb described the incident as “a terrible tragedy” that was preventable. However, she maintained that the police force’s Taser guidelines and training procedures remain adequate and appropriate, despite the fatal outcome in this case.