The police officer who Tasered a 95-year-old great grandmother could have the charges against him upgraded to murder after her death on Wednesday night, a senior barrister has revealed.
Clare Nowland, a dementia sufferer who weighed just 43kg, died at Cooma Hospital in southern NSW at around 7pm on Wednesday, surrounded by her family.
The great grandmother was Tasered by Senior Constable Kristian White, 33, at the Yallambee Lodge aged care home in southern NSW on May 17, suffering a brain bleed in the incident.
White was charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault on Wednesday evening.
Hours later, Mrs Nowland’s death was announced – prompting a leading Sydney barrister with decades of experience in the criminal justice system to suggest White’s charges could be upgraded to manslaughter or murder.
Meanwhile, in the Sydney suburb of Heathcote, 380km north of Cooma, White’s firefighter father Keith cut a forlorn figure at his family home.
Clare Nowland (pictured), a dementia sufferer who weighed just 43kg, died in Cooma Hospital in southern NSW at around 7pm on Wednesday, a week after being Tasered by a police officer

Senior Constable Kristian White (pictured left) has been charged with recklessly causing grievous bodily harm, assault occasioning actual bodily harm and common assault
Keith and wife Heather reside in Heathcote, Sutherland shire and are heavily involved in the Rural Fire Service.
The elder Mr White has served as brigade treasurer since 1990 and is leading trainer and assessor in the Sutherland rural fire distract.
Kristian’s sister Mikaela works as a sports operations specialist at a private boys school in Sydney’s inner west.
The family bunkered down following the incident, refusing to answer questions when approached by Daily Mail Australia.
Now, a senior counsel has told Daily Mail Australia that White’s charges could be upgraded following the death of Mrs Nowland.
‘It would more likely be manslaughter,’ the senior counsel explained. ‘But it will be upgraded.
‘It could be murder. Murder requires intent to inflict grievous bodily harm.’
The barrister said a murder charge might be sustained if it could be proven the officer showed ‘reckless indifference to human life’.
‘It would need the foresight of the probability of death arising from the act,’ the silk said. ‘This is indeed an ideal case for that.’

In the Sydney suburb of Heathcote, 380km north of Cooma, White’s firefighter father Keith (pictured) cut a forlorn figure at his family home

Kristian White’s parents’ home in the southern Sydney suburb of Cooma is pictured
Mrs Nowland was confronted by White at the aged care facility last week.
She had been holding a steak knife and using a walker when White shot her with a Taser.
Mrs Nowland fell backwards, suffered a bleed on the brain and was taken to hospital on end of life care.
After White was charged on Wednesday, Commissioner Webb addressed the media.
‘This matter now is before the court and there’s little more that I can say about it other than to say that the Nowland family have been informed of this development,’ she said.
Commissioner Webb added that her ‘thoughts and prayers are with Mrs Nowland and her family this evening’.
White is due to appear at Cooma Local Court on Wednesday July 5, 2023. Of the charges he faces, recklessly causing grievous bodily harm carries a penalty of up to 10 years in jail.
Assault occasioning actual bodily harm carries a prison term of up to seven years, while being convicted of common assault could lead to up to two years behind bars.

Police Commissioner Karen Webb (pictured) said her ‘thoughts and prayers are with Mrs Nowland and her family this evening’

NSW Police Senior Constable Kristian White (pictured) has been suspended with pay
The officer remains suspended from duty with pay.
After Mrs Nowland’s death, the NSW Police issued a statement saying ‘It is with great sadness we confirm the passing of 95-year-old Clare Nowland in Cooma tonight (Wednesday 24 May 2023).
‘Mrs Nowland passed away peacefully in hospital just after 7pm this evening, surrounded by family and loved ones who have requested privacy during this sad and difficult time.
‘Our thoughts and condolences remain with those who were lucky enough to know, love, and be loved by Mrs Nowland during a life she led hallmarked by family, kindness and community.’
The NSW Police Minister Yasmin Catley also offered her sympathy.
‘On behalf of the NSW Government, I would like to express my sincere condolences to the Nowland family for the loss of their dearly loved mother, grandmother and great grandmother, Clare Nowland.
‘Our sympathies and thoughts are also extended to the community of Cooma, Mrs Nowland’s friends, as well as the residents and carers at Cooma Yallambee Lodge.
‘We will continue to offer support to the Nowland family as they mourn this loss and we urge people to respect their privacy at this time,’ Ms Catley said.

Mrs Nowland (pictured) died in Cooma District Hospital, in southern NSW, after she was Tasered by an officer a week earlier

The Yallambee Lodge in Southern NSW where the Taser incident occurred is pictured
Commissioner Webb said ‘his employment will continue to be reviewed, but at the moment, he is still suspended from the workplace’.
She added that the charges against White could be upgraded. ‘It is possible. It depends on what happens,’ she said.
Despite international outrage over the incident, the Commissioner has refused to view bodycam footage of Mrs Nowland being Tasered.
She also declined to release the footage to the public, saying it ‘concerns’ her that people want to see it.
The police boss said she may have to review the video ‘as a decision-maker in this organisation… (but) I don’t see any value in reviewing that footage now when I don’t know… what else happened pre and post that incident.’
When she was asked again on Wednesday night why she will not release the footage of Mrs Nowland being Tasered, she replied ‘I’m not the investigator.’
Investigations into the incident continue.
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