R v White

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.