Advertisement

Major development after officer found guilty of manslaughter

Kristian White leaves court

Source: AAP

The NSW police officer found guilty of unlawfully killing an aged-care resident by shooting her with a Taser has been suspended from the force as he prepares for another day in court.

A jury on Wednesday found Senior Constable Kristian James Samuel White guilty of manslaughter after he discharged his stun gun at Clare Nowland in a treatment room at Yallambee Lodge aged-care home in the southern NSW town of Cooma early on May 17, 2023.

In video footage played at his NSW Supreme Court trial, White was heard saying “nah, bugger it” before shooting the 95-year-old great-grandmother in the torso.

Nowland, who was holding a steak knife at the time, fell backwards and hit her head. She died a week later in hospital.

Following Wednesday’s verdict, NSW Police Commissioner Karen Webb said White’s job was under review.

On Thursday morning, NSW Police confirmed in a short statement that he had been suspended without pay.

“Following the verdict in the Supreme Court, a 34-year old officer attached to Monaro Police District was notified on Wednesday … he has been suspended from the NSW Police Force without pay,” it said.

“Regarding the officer’s position in the NSW Police Force, the NSW Police Commissioner is following the procedure mandated under the Police Act 1990, s 181D.”

clare nowland taser

Clare Nowland died after falling and hitting her head when tasered by White. Photo: Supplied

On Thursday, Justice Ian Harrison heard an application by crown prosecutors that White be sentenced to jail. He noted he had not come across a similar case during his 18 years as a Supreme Court judge.

“Most cases that come to me in the criminal sphere involve the commission of offences that are associated with some form of intent,” Harrison said.

“That intent is nearly always coupled with one or other of emotions such as greed or punishment or revenge or passion.”

White’s actions came because he failed to consider the realities of what was going on at the time, the judge said.

“They weren’t associated with an intention to cause harm or serious injury, even though that was the outcome,” Harrison said.

Clare Nowland in some of her final moments

Source: NSW Supreme Court

Defence barrister Troy Edwards SC argued a jail sentence for White was not inevitable.

“A sentence of full-time imprisonment is not a certainty as a consequence of the nature of the type of charge,” he said.

White met the criteria for using his Taser, which meant the objective seriousness of the offence was at the lower end, Edwards said.

Edwards acknowledged White did not consider the exceptional circumstances test, which dictated when a Taser could be fired by police at certain groups such as the elderly or disabled.

He said White was told of this rule on only one slide in training done several years before the incident.

Prosecutor Brett Hatfield SC said the jury, through its verdict, had found White’s use of force was not reasonably necessary.

“And having regard to the nature of the offence that a full-time custodial sentence is realistically inevitable,” he said.

Harrison will hand down his decision on Friday, telling the court he did not want to rush his judgment.

“These are weighty matters and I want to consider them in detail,” he said.

A sentence hearing is expected to be held in February.

The charge of manslaughter carries a maximum jail term of 25 years.

-with AAP

Topics: Crime, NSW
Advertisement
Stay informed, daily
A FREE subscription to The New Daily arrives every morning and evening.
The New Daily is a trusted source of national news and information and is provided free for all Australians. Read our editorial charter.
Copyright © 2024 The New Daily.
All rights reserved.