A former police officer was spared by a prison sentence for his fatal decision to Tase a 95 -year -old woman with dementia symptoms in a care center for the elderly in Australia.
Kristian White said he had used the weapon to prevent a “violent confrontation” after finding Clare Nowland disoriented and holding a small kitchen knife in May 2023.
But the officer was found guilty of manslaughter By a jury last November, after the prosecutors argued that his actions towards the great-grandmother, who died later from his injuries, were “largely disproportionate”.
The case launched a public outcry, the judge at some point saying that it was “different from everything else that I had to face” on almost two decades on the bench.
On Friday, the Supreme South South Wales (New South Wales), judge Ian Harrison said that White’s actions at the Yallambee Lodge in the city of Cooma, near Canberra, were a “terrible error”.
The “obvious” reality was that Mrs. Nowland was a “frail and 95 -year -old woman” who “posed nothing that could reasonably be described as a threat to any substance”.
“The simple but tragic fact seems to me to be that Mr. White was completely – and on an inexplicably available view – poorly read and misunderstood the dynamics of the situation,” said Harrison.
The trial heard that White was called to the care house around 04:00 on May 17, 2023, after Ms. Nowland was seen walking in the premises with two serrated steak knives.
The images of Cam Body showed that he had warned Ms. Nowland to drop the blades while targeting her weapon on the say, before saying “by searching” and pulling. She fell and hit her head, triggering a fatal bleeding from the brain.
The defense highlighted the evidence of one of the paramedical paramedics and White’s police partner who both declared that Ms. Nowland had made them feel frightened for their security.
But the prosecutors had argued Ms. Nowland – who weighed less than 48 kg (105 lb) and had used a walker to move – did not make a threat and the officer was “impatient”, using his weapon only three minutes after facing her.
Ms. Nowland’s family, during a condemnation hearing last month, said that “unwavering” and “inhuman” actions of White had forever changed their lives.
“To date, I am traumatized by this act of cowardly aimless,” said Michael Nowland, the eldest son of Clare, in court.
White previously declared in court that he did not think that Nowland would be “considerably injured” and that he was “devastated” by her death.
In a letter of apologies to his relatives, White wrote: “I deeply regret my actions and the serious consequences they have caused, not only to Ms. Nowland, but also to your family and the biggest community.”
Judge Harrison said that a prison sentence was not necessary, since White had already lost his job and had become an unwanted member of the local community and did not pose a risk of recurrence. He added that it would also be difficult for a former officer to live in prison.
He condemned White to a two -year community correctional order – essentially a deposit of good behavior – and 425 hours of community service.
Speaking in court, Nowland said his family was disappointed.
“A wrist slap for someone who killed our mother,” he said. “It’s very, very difficult to treat this.”
“Justice and equity, that’s all we wanted.”
The death of Ms. Nowland sparked the world’s indignation and was the subject of a meticulous examination on the use of the force of the NSW police.
White had been a police officer of South New Wales for 12 years before being removed after his conviction.
Commissioner Karen Webb described death as “a terrible tragedy” which should not have occurred, but stressed that the policies of taser and the strength formation are appropriate.
