The Office of the Director of Public Prosecutions (DPP) in New South Wales has announced its intention to appeal the sentence handed to former police officer Kristian White for the manslaughter of 95-year-old Clare Nowland. The announcement follows criticism from the Nowland family, labelling the sentence as a “slap on the wrist”
The DPP’s decision to appeal, as reported by News Wire, intends to address what the DPP consider to be an inadequate sentence.
A spokesperson for the DPP said, “After careful consideration of the judgment, the director has determined to file an appeal against the inadequacy of the sentence imposed in this matter.”
PHOTO: Mrs Nowland one week after the incident just before her death CREDIT: NSW Police.
According to Sydney Criminal Lawyers‘ (SCL) interpretation of the NSW Supreme Court processes in a recent article, the appeal would be heard by a three-judge bench in the NSW Court of Criminal Appeal. The DPP must demonstrate an error in the sentencing judge’s discretion, and convince the appeal court to reconsider White’s sentence.
Kristian White, previously a senior constable, was sentenced to a two-year community corrections order with 425 hours of community service, avoiding a custodial sentence.
PHOTO: The moment Kristian White enters the aged care facility on May 17, 2023 CREDIT: NSW Supreme Court CCTV footage.
On the day of the incident, White and another officer were called to the facility after receiving reports of Mrs Nowland, who suffered from dementia, holding a knife. Witnesses described her as frail, weighing just 45 kilograms and requiring a walking frame for mobility. After several minutes with those present trying to convince Mrs Nowland to put the knife down, White said, “Nah, bugger it,” and tasered Mrs Nowland, resulting in her sustaining a fatal head injury.
PHOTO: Mrs Clare Nowland CREDIT: NSW Police.
Although convicted of manslaughter, a crime carrying a maximum penalty of 25 years imprisonment, the NSW Supreme Court judge, Justice Ian Harrison, cited White’s actions as a misjudgement. He deemed the crime’s objective seriousness as low, arguing against a custodial sentence, which he described as disproportionate.
The SCL highlight the uniqueness of the non-custodial sentence.
The article refers to statistics from the Judicial Commission of New South Wales, which show 98.6 percent of manslaughter cases typically result in imprisonment, with an average full term of 8.5 years.