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In video played during the New South Wales Supreme Court trial, White was heard saying "nah, bugger it" before discharging his weapon, after the officers told Nowland 21 times to put the knife down. White, 34, told the jury he had been taught that any person wielding a knife was dangerous, the Guardian reported.
You can carry tasers in concealment and out of sight of others without a permit. Tasers are not firearms and so are not subject to concealed carry laws.
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Limited quantity labels are used to mark dangerous goods which are being transported in smaller volumes, according to the Australian Dangerous Goods code.
The prosecutor argued that White's use of the Taser was "utterly unnecessary and obviously excessive," local news outlets said.
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Lawyers for Nowland's family filed a separate civil suit last year against the New South Wales state government, seeking damages on behalf of her estate for alleged battery and assault. The suit was settled on private terms in March this year.
Police said they urged Nowland to drop the serrated steak knife before she started moving toward them "at a slow pace," with her walking frame, prompting White to fire his taser at her.
The extraordinary case provoked debate about how officers in the state use Tasers, a device that incapacitates people using electricity.
Police said at the time that Nowland sustained her fatal injuries from striking her head on the floor, rather than directly from the device's debilitating electric shock.
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It is also a crime to use a taser on someone when not acting in lawful self-defense. This constitutes assault with a stun gun.[12] This offense is a wobbler. Prosecutors can file criminal charges and pursue the offense as either a felony or as a misdemeanor.
"The use of a Taser, when a kind word was all she needed, if she was confused — which is what happens with people who have dementia — she needed kind words and assistance and help," Thaler said. "She didn't need the force of the law."
The penalties can be higher if you use a taser on law enforcement or a peace officer, or a school employee or firefighter.
This definition also covers tasers, even though tasers are different from stun guns. While stun guns need direct contact to shock someone, tasers shoot electrified darts. However, both are meant to immobilize someone with an electrical charge temporarily. Neither is a deadly weapon.
The criminal defense lawyers at our law firm have found that most people with nonviolent criminal records get probation rather than jail time. However, there are exceptions.
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Clare Nowland, a great-grandmother who had dementia and used a walker, was refusing to put down the steak knife she was holding when the officer discharged his Taser at her in May 2023. Nowland fell backward after White shocked her and died a week later in hospital.
“…any item, except a less lethal weapon, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.”[1]
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Many people carry tasers for self-defense purposes. However, our criminal defense attorneys have found that lots of people who carry tasers for this reason do not fully understand their right to use self-defense. In California, you only act in self-defense if:
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
White's employment is under review and is subject to legal processes, New South Wales state Police Commissioner Karen Webb told reporters after the verdict.
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A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
In California, you have the right to defend your property through the use of reasonable force. Force is reasonable if a reasonable person would have used it in similar circumstances. All of the circumstances matter, both as they were and as they appeared to you.[8]
Cooma businessman and community advocate Andrew Thaler, speaking on Australian television not long after the incident, said Nowland was, "about 5-foot-2 and weighs all of 43 kilos [about 95 pounds], she can't walk on her own without walking assistance."
The projectile prongs on TASERs make them ubiquitous among law enforcement agencies with police TASER devices offering more range than consumer models—up to 35 ...
Our criminal defense attorneys have found that this defense tends to come up fairly often over taser usage. This can happen if you use your taser on someone who you thought was going to rob you.
But after an eight-day trial, the jury rejected arguments by White's lawyers that his use of the Taser was a proportionate response to the threat posed by Nowland, who weighed about 100 pounds.
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Note that this does not require you to retreat first in order to claim self-defense. California is a “stand your ground” state.
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California also has laws concerning the defense of property. These apply when you are not worried about getting hurt, but want to prevent someone from taking your belongings.
Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean.
Nowland, a resident of Yallambee Lodge, a nursing home in the town of Cooma, was survived by eight children, 24 grandchildren and 31 great-grandchildren, the Australian Broadcasting Corporation reported.
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Sydney, Australia — A police officer who shocked a 95-year-old nursing home resident with a Taser was found guilty of manslaughter in an Australian court Wednesday. A jury found Kristian James Samuel White guilty in the trial in Sydney after 20 hours of deliberation. White, who is on bail, could get up to 25 years in prison when he is sentenced later.
This includes possession in a bag, rather than on your person. For example, the TSA’s stun gun laws forbid you from flying with a Taser in your carry-on bags.[5]
"The court has found Claire Nowland died as a result of the actions of a police officer. This should never have happened," Webb said, as she offered her "deepest condolences" to Nowland's family. The state's police reviewed its Taser policy and training in January and no changes to it were made, she added.