Pawel Klosowski appeals for non-parole period to be reduced due to ‘mitigating factors’
Lowering the prison sentence handed to a father who “executed” Lukasz Klosowski and Chelsea Ireland would “degrade the dignity of his victims”, a court has heard.
Police & Courts
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Lowering the non-parole period handed to a man who murdered his son and son’s girlfriend would “degrade the value of human life”, a court has heard.
Pawel Klosowski has applied to the Court of Appeal to lower his 34-year non-parole period on the grounds it was manifestly excessive.
He pleaded guilty to the double murder of his son, Lukasz Klosowski, and Lukasz’s girlfriend, Chelsea Ireland, both 19, at his Mt McIntyre property on August 22, 2020, and received a mandatory life sentence.
On Tuesday, Court of Appeal president Trish Kelly and justices Sam Doyle and Mark Livesey heard arguments that Klosowski’s sentence had been an error of law.
Nick Vadasz, for Klosowski, said the sentencing judge had not taken into account mitigating factors including his client’s grief and contrition as well as diagnosed anger management issues.
Mr Vadasz said Klosowski had been diagnosed with epilepsy and could have pursued a defence on that ground but had instead admitted to his crimes.
He argued the sentencing judge had taken into account only the “utilitarian” aspect of the early guilty plea – how it had saved the court and family the time of a trial.
Rather, Mr Vadasz asked the court to consider his Klosowski’s genuine remorse as well as other mitigating factors, such as his alcohol level at the time of the shooting.
In a short but powerful response, Lucy Boord SC, prosecuting, said any lowering of the sentence would degrade the value of Chelsea’s and Lukasz’s lives.
“This application is ill conceived and without merit,” she said.
“The real question for this court is does the non-parole period adequately recognise the human dignity of the two victims.
“Dealing with murder, the higher the sentence the greater the discount given and the more disproportionate it becomes.”
She said the victim impact statements prepared by family and friends of the victims and presented to the Supreme Court were harrowing.
“They hurt to read,” Ms Boord said. “It is not just the loss of two young lives but the loss to their families.
“The victim impact statements show a faith in our system that there will be a just outcome.”
She said Klosowski’s crimes amounted to an “execution”, in which the pair was “purposefully and deliberately gunned down”.
“ (Klosowski) has never been able to adequately explain his offending other than to say he shouldn’t drink spirits,” Ms Boord said.
Outside court, Mr Vadasz said Klosowski had a right to appeal and would not comment any further when questioned about his client’s remorse.
Chelsea Ireland’s father, Greg Ireland, said he still had faith in the courts but that the application had caused yet more grief to the friends and family of the victims.
The court reserved its decision.