Overview

• On June 27, the NSW Court of Criminal Appeal concluded hearings on the prosecution’s appeal against Kristian White’s two-year community corrections order and 425 hours of service for the manslaughter of 95-year-old Clare Nowland.
• Director of Public Prosecutions Sally Dowling SC argued Justice Ian Harrison erred by failing to properly weigh general deterrence and by treating the offence as low on the seriousness scale.
• Prosecutors told the court White gave the frail, dementia-suffering resident no real chance to comply before deploying his Taser during a brief encounter at Yallambee Lodge in May 2023.
• White’s barrister countered that a stern sentence would not deter officers who honestly but mistakenly perceive a threat and highlighted the significant psychological impact on his client.
• Appeal judges have adjourned to consider their ruling, which will determine whether White must serve a custodial sentence for the deadly use of force.