Great-granny given 'no chance' to avoid tasering by cop

An ex-police serviceman spared jailhouse for sidesplitting a 95-year-old female didn't springiness her "any existent chance" to debar being tasered during an brushwood that lasted little than 3 minutes, a tribunal has been told.

Then-senior constable Kristian James Samuel White fired his Taser astatine Clare Nowland minutes aft being called to nan Yallambee Lodge nursing location astatine Cooma successful confederate New South Wales.

She died successful infirmary a week aft nan incident successful nan early hours of May 17, 2023.

The 35-year-old was handed a two-year bully behaviour enslaved and ordered to complete organization work successful March aft a assemblage recovered him blameworthy of manslaughter.

Crown prosecutors appealed against nan "manifestly inadequate" condemnation erstwhile nan lawsuit went to nan NSW Court of Criminal Appeal successful Sydney today.

Director of Public Prosecutions Sally Dowling SC based on that Supreme Court Justice Ian Harrison made a number of errors erstwhile he decided not to nonstop White to prison.

She told nan tribunal Nowland suffered symptoms of dementia and relied connected her stepping framework to move astir nan building.

"All of nan footage … shows really frail she was, really disorientated she was and really confused she was successful nan hours starring up to nan events," Dowling said.

The grandmother was "extremely vulnerable" astatine nan clip because she was tired, confused, frail and moved slowly.

She had nary discernible guidance to his warnings aliases requests to driblet nan weapon she was holding during nan 2 minutes and 40 seconds relationship pinch White.

"At nary clip did Mrs Nowland beforehand brandishing nan knife," Dowling said.

She was stationary erstwhile he said "nah bugger it" and discharged nan Taser astatine her chest, causing her to autumn backwards and prolong a encephalon injury.

"(White) did not springiness her immoderate existent chance to debar being tasered," Dowling said.

"There were galore different options disposable to him."

Justice Harrison was incorrect to reason jailing White would beryllium disproportionate to nan seriousness of nan offending, prosecutors claimed.

He besides mistakenly recovered nan constabulary serviceman made a "terrible mistake" but his crime was little superior than different manslaughter offences, prosecutors claim.

In his judgment, Justice Harrison decided nan request to deter different constabulary officers from committing akin offences played "only a insignificant role" successful his sentencing decision.

But Dowling believes he should person issued a beardown informing to different police.

Nowland's eldest boy Michael slammed nan condemnation arsenic "very disappointing" erstwhile it was handed down.

"A slap connected nan wrist for personification who's killed our mother - it's very, very difficult to process that," he said.

Nowland's family attended each time of White's proceedings and returned to capable rows of nan nationalist assemblage during nan appeal, which continues connected Friday.

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