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The judge who sentenced a police officer for fatally stuck a 95 -year -old woman in an elderly home made a mistake by not sending a strong message to the entire police, prosecutors argue.
The agent of then Senior Kristian James Samuel White dismissed his service taser in Clare Nowland after being called to Yallambe’s care house in the early hours of May 17, 2023.
The 35 -year -old man received a bonus of good two -year behavior and was ordered to complete the community service in March after a jury found him guilty of involuntary homicide.
Judge Ian Harrison decided the need to dissuade other police officers to commit similar crimes that played “only a minor role” in their decision.
But prosecutors believe he made an error by not issuing a strong warning to other police officers.
They have housed an appeal against the “manifestly inadequate” sentence of White for four reasons, including the judge’s evaluation of the importance of general deterrence.
Prosecutors also claim that Judge Harrison made a mistake when he discovered that White made a “terrible mistake”, but his crime was less serious than other cases of involuntary homicide.
The judge was wrong to conclude that a prison sentence would be “disproportionate” to the severity of crimes, prosecutors allege.
They are also challenging Judge Harrison’s conclusion that the prosecutors agreed with White’s lawyers that the police officer honestly believed to shoot the Taser in Nowland was necessary to deny the threat he thought she posed.
Prosecutors argued during White’s trial that the use of force was “so obviously excessive” that no reasonable police officer would have made the same decision.
Nowland, who suffered from not diagnosed dementia and weighed less than 48 kilograms, held a knife and used a frame to walk when he was with white.
White drew his gun and pointed it for a minute before saying “Nah, err” and shooting the gun in his chest. The great -grandmother fell and suffered a fatal brain injury.
His eldest son Michael said that White’s sentence was “very disappointing.”
“A slap on the wrist for someone who killed our mother, is very, very difficult to process that,” he said.
White wrote a letter to the Nowland family in which he assumed all the responsibility for his actions.
“I deeply regret my actions and the serious consequences that it has caused (sic),” he wrote.
“I have not had a single day that I have not thought about the incident that morning and what could have been done differently.”
White has been fired from the NSW Police Force, but requested that the decision be reviewed.
The appeal against White’s judgment will be mentioned in the Court on April 17.
Two of Clare Nowland’s eight children told 9News that they were “really disappointed” by the prayer given to White.
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