Former police officer Kristian White has avoided jail again after a Supreme Court rejected an appeal for a stricter sentence after he was found guilty of the manslaughter of a 95-year-old woman.

Council of the City of Sydney

Former senior constable Christian White has avoided jail after a Supreme Court appeal upheld his non-custodial sentence for deploying a taser on Claire Nowland, a 95-year-old woman in a nursing home who later died. The court found that while the sentence was lenient, it was not manifestly inadequate, and noted factors such as White's loss of employment and deteriorating mental health. The court also found that the offence did not mandate a custodial sentence and that the tasering was at the lower end of objective seriousness. Nowland's family expressed difficulty accepting that White would not serve jail time but stated they respected the court's decision. Prosecutors may still consider an appeal to the High Court.

Ex-officer who tasered elderly woman avoids jail time

For two years, Christian White's life has been consumed by his actions on that fateful day. Are you glad that this process is over? Deploying a taser on a frail and elderly Claire Nowland as she wandered around a Cooma nursing home holding a knife. The 95-year-old died a week later. Would you do anything differently if given the chance? Today the former senior constable avoided jail as a Supreme Court appeal was dismissed. Three judges unanimously found the sentence imposed, albeit lenient, was not manifestly inadequate. Conviction of the offence of manslaughter did not mandate a custodial sentence. They considered White's loss of employment and deteriorating mental health. Mrs Nowland's family says it is struggling to come to terms with how an officer who used deadly force on Claire, a vulnerable and defenceless 95-year-old lady, can walk free without having spent a single day in jail. They're of course respectful of the court's decision at the end of the day. White has now completed a quarter of the 425 hours of community service ordered by the sentencing judge. The judge found that the tasering fell in the lower end of objective seriousness. The appeal judgment did not challenge the finding that Mr White may have overestimated or misunderstood the nature and extent of the risk posed by Mrs Nowland. Is there anything you wish to say to the Nowland family? Prosecutors may still pursue an appeal in the High Court. Sarah Naven, 10 News.

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Birmingham

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