The sentence of an ex-cop who will avoid jail for fatally tasering an elderly woman in a nursing home was “lenient”, but did not satisfy prosecutor’s claims of being “manifestly inadequate”, a court has found.

Senior Constable Kristian White, 34, was called to Yallambee Lodge nursing home in Cooma in southern NSW on May 17, 2023, over reports Clare Nowland, 95, was being a “very aggressive” resident.

She was described by a nurse as holding two knives but only held a single knife and penlight when White found her sitting in an office about 5am.

He repeatedly told Mrs Nowland to drop the blade before saying “bugger it” and tasering her after a confrontation spanning less than three minutes. Mrs Nowland died in hospital days later.

White was found guilty of Mrs Nowland’s manslaughter in November following a Supreme Court trial but did not spend a single day in jail.

Instead, he was handed a two-year community corrections order and 425 hours of community service, prompting the Director of Public Prosecutions to launch an appeal of the sentence they argue is “manifestly inadequate”.

The NSW Court of Criminal Appeal on Wednesday dismissed the DPP’s appeal for a harsher sentence on Wednesday morning.

Chief Justice Andrew Bell, Justice Anthony Payne and Justice Natalie Adams all agreed while the sentence might have been lenient, it was not “manifestly inadequate” as the DPP contended.

“The sentence imposed, albeit lenient, was not manifestly inadequate,” the judgment stated.

“Conviction of the offence of manslaughter did not, in the exceptional circumstances of this case, mandate a custodial sentence.”

The DPP “overstated” the degree to which the sentencing judge relied on assumptions both parties agreed White honestly believed his conduct was necessary,

White has already completed 120 hours and 25 minutes of his ordered community service hours as at June 24 this year, according to the judgment.

Mrs Nowland’s family said they needed time to consider the outcome, but thanked the court and the DPP in a statement delivered by their lawyer, Sam Tierney, outside the court.

“They’re just taking some time to come to terms with the outcome, and obviously they’ll need to consider why the court’s arrived at the decision that it has but they’re of course respectful of the court’s decision at the end of the day,” Mr Tierney said.

There is the potential for an application for special leave to appeal the decision in the high court, but Mr Tierney said it was a matter for the DPP to consider.

He noted there is still a coronial process to come, with “wider issues that need to be considered potentially by the coroner”.

The DPP had argued the sentencing judge made mistakes by assuming both parties agreed that White honestly believed his conduct was necessary, in his assessment of objective seriousness, and in finding that general deterrence had “little or no role” or only a “minor” role to play in White’s sentence.

The sentence is “manifestly inadequate”, the final ground of appeal claimed.

Crown prosecutor Sally Dowling SC last month claimed that White did not give Mrs Nowland any “real chance to avoid being tasered”, and she was clearly vulnerable, disoriented, and did not understand White’s instructions.

However, White’s lawyer Troy Edwards SC rejected claims the 95-year-old posed no threat, arguing this was inconsistent with observations of the sentencing judge and witnesses.

‘Slap on the wrist’

Rather than footage, Mr Edwards urged the court to rely on the accounts of witnesses who he said felt frightened as the incident unfolded.

Justice Ian Harrison found that sending White to prison would be a “disproportionate” sentence, as it fell in the lower end of objective seriousness for manslaughter.

Mrs Nowland’s family previously expressed their disappointment with the decision not to jail White, with her eldest son branding it a “slap on the wrist for someone that’s killed our mother”.

White said he was “truly sorry” and took “full responsibility” for his actions in a letter read to the court during his sentencing.

“I deeply regret my actions and the severe consequences they have caused,” White said.

The former cop, who lost his job as an officer when he was convicted, said there wasn’t a “single day” in which he didn’t think about the incident.

“Police face difficult situations and are required to use judgment and if they make mistakes, they are expected to answer them, which I believe I have,” White’s letter stated.

Mrs Nowland is survived by eight children, 24 grandchildren and 30 great-grandchildren.