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R v White

R v White

Case [2025] NSWSC 243 28 March 2025

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Supreme Court

New South Wales

Medium Neutral Citation: R v White [2025] NSWSC 243
Hearing dates: 7 February 2025
Date of orders: 28 March 2025
Decision date: 28 March 2025
Jurisdiction: Common Law - Criminal
Before: Harrison CJ at CL
Decision:
Kristian James Samuel White, for the unlawful killing of Clare Nowland at Cooma in the State of New South Wales on 24 May 2023, contrary to s 18(1)(b) of the Crimes Act 1900, I sentence you as follows:
(1) Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, you are placed on a Community Correction Order for a period of 2 years commencing today, 28 March 2025.
(2) Pursuant to s 88(1) of the Crimes (Sentencing Procedure) Act 1999, the following standard conditions apply for the duration of the order:
(a)   you must not commit any offence; and
(b)   you must appear before the court if called upon to do so at any time during the term of the Community Correction Order.
(3) Pursuant to s 89(1) of the Crimes (Sentencing Procedure) Act 1999, I impose the following additional condition which applies for the duration of the order, namely that you perform 425 hours of community service work and submit to supervision by a community corrections officer.
(4)  I direct that you not leave the Court precinct prior to signing this Order at the Registry.
(5)  I direct that you notify the Supreme Court Registry should you change your address during the period of this Order.

Catchwords:
CRIME – sentencing – wrongful death – manslaughter by criminal negligence or unlawful and dangerous act – 95 year old woman with frail disposition and symptoms consistent with a form of cognitive impairment – armed with a knife in her home – death caused by injuries sustained as the result of a fall following deployment of taser – where offender deployed taser in the course of his work as a police officer – verdict of guilty – where jury could have been satisfied on either basis of manslaughter – whether custodial sentence warranted – where offence is at the lower end of objective seriousness – letter of apology – where a Community Correction Order is appropriate

Legislation Cited:
Crimes Act 1900 (NSW) s 18(1)(b)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5(1), 8, 21A(2)(l), 21A(3)(i), 21A(3)(f), 67(1)(a), 88(1), 89

Cases Cited:
Brzozowski v R [2023] NSWCCA 129
Davidson v R (2022) 300 A Crim R 214; [2022] NSWCCA 153
Director of Public Prosecutions (NSW) v Burton [2020] NSWCCA 54
Paterson v R [2021] NSWCCA 273
R v ANG [2001] NSWSC 758
R v Armstrong (Supreme Court (NSW), 25 August 1995, unrep)
R v Dally (2000) 115 A Crim R 582; [2000] NSWCCA 162
R v Eckersley [2021] NSWSC 562
R v Forbes (2005) 160 A Crim R 1; [2005] NSWCCA 377
R v Gary Gow [2006] NSWDC 78
R v HA [2008] NSWSC 1368
R v Hall (1999) 108 A Crim R 209;

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v White

Details

AGLC: R v White [2025] NSWSC 243
Case: [2025] NSWSC 243
Decision Date: 28 March 2025

CaseChat Overview and Summary

The appellant, a police officer, was convicted of manslaughter by criminal negligence or unlawful and dangerous act. The victim, a 95-year-old woman with a frail disposition and symptoms consistent with a form of cognitive impairment, was armed with a knife in her home. The appellant deployed a taser, which resulted in the victim falling and sustaining injuries from which she died. The jury found the appellant guilty, and the court had to determine whether a custodial sentence was warranted.

The court had to consider whether the offence was at the lower end of objective seriousness. The court found that the appellant's actions were reckless and demonstrated a gross breach of his duty as a police officer. However, the court also took into account the appellant's remorse and his expression of regret through a letter of apology. The court concluded that while the offence was serious, the circumstances did not warrant a custodial sentence. Instead, a Community Correction Order was deemed appropriate.

The court further considered the appellant's employment as a police officer and his prospects of rehabilitation. The court found that the appellant's remorse and his expression of regret through a letter of apology were significant factors in favour of a non-custodial sentence. The court also considered the appellant's employment prospects and his prospects of rehabilitation, and concluded that a Community Correction Order would be an appropriate sentence.

The final orders of the court were that the appellant be sentenced to a Community Correction Order, with specific conditions including a requirement to perform community service and to participate in a rehabilitation program. The court also ordered the appellant to pay a fine and to make a payment to the victim's family. The appellant was given leave to appeal against the conviction, but the sentence was upheld.

Orders