I FACTS OF THE CASE

Clare Nowland was a 95-year-old resident of an aged care facility in regional NSW. Nowland utilised a 4-wheel walker for mobility and showed to have symptoms of dementia however was never diagnosed.[1]

On the 17th of May 2023 at around 2am, Nowland was found by the facility staff wandering the halls of the facility with her walker and two steak knives.[2] After some time attending different areas of the facility, including the kitchen and rooms of some other residents, Mrs Nowland became seated in a nurse’s office in the administration area. Although, she was still in possession of one knife.

A registered nurse from the facility contacted emergency services for assistance with the situation. Two paramedics and two police officers responded to the scene, including Senior Constable Kristian White, a police officer with 12 years’ experience. The first responders encountered Mrs Nowland in the nurse’s room still allegedly holding the serrated steak knife.

After approximately two hours of attempts by facility staff and further attempts by emergency services to convince her to relinquish the knife, Mrs Nowland refused. She began to walk slowly toward them using her walker with the knife, whereupon Senior Constable White then discharged his taser towards and on Mrs Nowland, causing her to fall backward, striking her head and causing a head injury. Approximately three minutes had elapsed between Constable White arriving at the scene and the discharge of his taser.

Mrs Nowland passed away one week later the 24th of May 2023 in Cooma Hospital due to the injury sustained as a result of the tasering.

II PROCEDURAL HISTORY

In May 2023, upon Mrs Nowland’s death, initial charged were laid as Constable White was charged with three offences under the Crimes Act 1900 (NSW).[3]

1. Reckless grievous bodily harm (s35).

2. Assault occasioning actual bodily harm (s59); and

3. Common assault (s61).[4]

As a result, White was issued a separate Court Attendance Notice for each offence. No bail conditions were placed on him by police at the time the Court Attendance Notices were issued.

Following the issues of the Court Attendance Notice’s, in November 2023, the prosecution lodged a detention application in the Supreme Court under s50 of the Bial Act 2013 in order to have bail conditions imposed on Constable White.

In the application, the prosecution requested three bail conditions be imposed:

1. To be of good behaviour;

2. To appear at court as directed; and

3. Not to approach or communicate with the family of the deceased or any prosecution witness expect through a legal representative.[5]

Consequently, the presiding judge, Justice Robert Beech-Jones accept these conditions, and White was officially granted bail on July 18, 2023.[6] Consequently, the charges against White were upgraded to manslaughter on 29 November 2023 on the advice of the Office of the Director of the Public Prosecutions (ODPP). However, White pleaded not guilty.

Moreover, Whites defence ream made an application to the court seeking permission for a judge alone trial on October 14, 2024. The application was made on two grounds.

1. That members of a potential jury would have been influenced by adverse publicity from the vast media coverage the case had received, and that judicial directions could not mitigate the prejudice; and[7]

2. The complex nature of the legal issues required in legislation to prove the two bases for liability of involuntary manslaughter- criminal negligence or unlawful and dangerous act.[8]

On October 15, 2024, Justic Yehia of the NSW Supreme Court refused Whites request for a judge-alone trial, ruling that the negative publicity was not viewed enough by a large population, therefore ruling there was no unreasonable risk to potential jurors. Thus, Her Honour ruling that that “the issues in the trial involve a level of complexity mitigating in favour of a judge alone trial”.[9]

Whites trial began on 11 November 2024 in the Supreme Court of NSW. Presided over by Justice Ian Harisson and had a 12-person jury. The trial went on for 8 days, with the jury deliberating for 5 days before reaching a verdict.

III SENTENCING

After receiving sentencing submissions on February 7, 2025, Justice Harrison delivered his sentencing decision on March 28, 2025.[10] Justice Harrison sentenced Constable White to a 2-year Community Correction Order (CCO) commencing the day of the sentencing.[11] He also added that White completed 425 hours of community service[12] work for the manslaughter of Clare Nowland.[13]

IV LEGAL ISSUES

The issue of bail following a conviction of manslaughter highlights the tensions between the rights of the victim and offender. Following his conviction of manslaughter, Justice Harrison ruled to continue White’s bail until sentencing occurred in early 2025. This decision sparked widespread debate given the strong public sentient regarding the death of Mrs Nowland.

His Honour noted several reasons for this decision:

1. There is no automatic jail sentence for manslaughter, which means judged must carefully consider all factors before deciding on a sentence.[14]

2. Given Constable Whites status as a former police officer, there were detrimental risks to his safety posed by other inmates should he be sent to a correctional facility while awaiting sentence.

3. White had complied with all his bail conditions prior to the verdict

4. He had no prior criminal record.

V IMPLICATIONS OF THE COURT'S DECISION

However, this outcome was deeply troubling for many members of the public, especially Clare Nowland’s family.[15] Others felt that allowing White to remain free whilst awaiting his sentence downplayed the seriousness of the offense and associated conviction and reflected unfair treatment as a result of White’s status as a police officer.     

The long gap between the conviction in November 2024 and the sentencing in March 2025 added to these concerns. Although such delays are common in complex cases, to allow time for the court to properly assess all relevant sentencing factors,[16] to some-justice is being postponed ad can cause frustration for those seeking closure or accountability.                       

VI FOOTNOTES

[1] NSW Courts, ‘NSW police officer who fatally tasered great-grandmother avoids prison: the reasoning’ (Web Page, 2025).

[2] Rule of Law Education Centre, ‘Kristian White and Clare Nowland’ (Web Page, 2025).

[3] Sydney Criminal Lawyers, ‘Sentence for officer who killed great-grandmother by taser is manifestly inadequate’ (Web Page, 2025).

[4] Crimes Act 1900 (NSW) s 43B.

[5] Bail Act 2013 (NSW) ss 16A, 17, 50.

[6] 9News, ‘Clare Nowland updates: Trial of NSW police officer enters last stage’ (Web Page, 2024).

[7] Evidence Act 1995 (NSW) pt 3.11 (jury directions and prejudice).

[8] Burns v The Queen (2012) 246 CLR 334.

[9] Australian Broadcasting Corporation, ‘NSW Kristian White judge-alone trial Clare Nowland death court’ (11 September 2024).

[10] Australian Broadcasting Corporation, ‘Clare Nowland death examined by NSW Coroners Court’ (9 December 2025).

[11] Sydney Criminal Lawyers, ‘Sentence for officer who killed great-grandmother by taser is manifestly inadequate’ (Web Page, 2025).

[12] Crimes (Sentencing Procedure) Act 1999 (NSW) pts 2, 3; s 8 (Community Correction Orders).

[13] Australian Broadcasting Corporation, ‘Prosecutors to appeal Kristian White sentence woman tasered’ (2 April 2025).

[14] Law Society Journal, ‘No jail for ex-police officer who tasered 95-year-old woman’ (Web Page, 2025).

[15] The Conversation, ‘How should police officers use force? The Kristian White case is an insight into what the community thinks’ (Web Page, 2025).

[16] Bronitt S and McSherry B, Principles of Criminal Law (4th ed, Thomson Reuters, 2017) ch 12S.