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Three judges of the New South Wales state Court of Criminal
Appeal unanimously dismissed the prosecution case that the
non-custodial sentence imposed on Kristian White, 35, was
“manifestly inadequate.”
White fired a Taser at Clare Nowland in the nursing home where
she lived in Cooma on May 17, 2023. She fell and hit her head on
the floor. She died in hospital a week later from an inoperable
brain bleed.
The great-grandmother suffered dementia and nursing home staff
called police because she was wandering around the building with
a walker and holding a steak knife.
White was convicted of her manslaughter and sentenced in March
to 450 hours of community service. He had faced a potential
maximum sentence of 25 years in prison.
The sentence disappointed Nowland’s family and Director of
Public Prosecutions Sally Dowling lodged an appeal.
The three judges found that although the sentence was lenient,
it was not manifestly inadequate given the sentencing judge's
broad discretion.
White did not attend the Sydney court on Wednesday and his
lawyers did not comment to the media.
Prosecutors could potentially appeal the decision to Australia’s
High Court.
A lawyer for Nowland's family, Sam Tierney, said whether the
case was taken to the High Court was a question for prosecutors.
The family was absorbing the ruling, he said.
“They’re just taking some time to come to terms with the outcome
and obviously they’ll need to consider why the court’s arrived
at the decision that it has. But they’re, of course, respectful
of the court’s decision at the end of the day,” Tierney told
reporters outside court.
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