A NSW police officer who fatally tasered a 95-year-old with dementia symptoms could face a lengthy stint in jail after a jury found him guilty of her unlawful killing.
Senior Constable Kristian James Samuel White in a treatment room at Yallambee Lodge aged-care home in the southern NSW town of Cooma during the early hours of 17 May last year.
Gasps were heard and Nowland’s family exchanged hugs at the NSW Supreme Court on Wednesday as the 34-year-old officer was found guilty of manslaughter.
He did not say anything but closed his eyes and bowed his head as the jury foreperson delivered the verdict.
In video footage played at his NSW Supreme Court trial, the 34-year-old officer was heard before shooting the great-grandmother in the torso.
Nowland, who was holding a steak knife at the time, fell backwards and hit her head before in hospital.
After hearing evidence and submissions over the eight-day trial, the 12-person jury returned with a guilty verdict of manslaughter on Wednesday.
They had been deliberating for 20 hours.
During the trial, crown prosecutor Brett Hatfield SC successfully argued White was criminally negligent or conducted in an unlawful and dangerous act by firing the Taser in a move that was “utterly unnecessary”.
In reaching its verdict, the jury rejected arguments by defence counsel Troy Edwards SC that the 34-year-old officer’s use of the Taser was a proportionate response to the threat Nowland posed.
On Wednesday, Hatfield applied to have White taken into custody.
Edwards opposed the move, saying a full-time jail sentence for his client was not inevitable.
Manslaughter carries a maximum 25-year jail term.
Justice Ian Harrison will hear the detention application on Thursday.
“So that there’s no secret about it, I will not commit a policeman to custody until I understand the conditions under which he will be held, if he is to be held,” the judge said.
Clare Nowland’s family thanked the jury, judge and the prosecution team. Source: AAP / Bianca De Marchi
White did not say anything to reporters as he walked out of the courthouse holding hands with his fiancee.
In a statement issued through their lawyer, Nowland’s family thanked the jury, Justice Harrison and the prosecution team.
“The family will take some time to come to terms with the jury’s confirmation that Clare’s death at the hands of a serving NSW police officer was a criminal and unjustified act,” they said.
In March, a civil lawsuit filed by Nowland’s family against the State of NSW was settled on confidential terms.