Klosowski v The Queen

The case of *Klosowski v The Queen* concerned an appeal against sentence. The appellant, Klosowski, was appealing a sentence imposed by the sentencing judge for the murder of two young people. The appeal was heard by the Supreme Court of South Australia.

The primary legal issue before the Court was whether the sentence imposed, specifically the starting point for the non-parole period, was manifestly excessive and therefore warranted intervention by the appellate court. The Court was required to consider the severity of the offending, the appellant's personal circumstances, the impact on the victims' families, and relevant sentencing precedents.

The Court, comprising Kelly P, Livesey JA, and Doyle JA, found that while the starting point of 40 years for the non-parole period was severe, it was not outside the permissible range available to the sentencing judge. The Court reasoned that the appellant's conduct involved a sustained episode of brutal and deliberate violence, during which he had ample opportunity to reflect and desist but chose not to. The Court emphasised that sentencing must be conducted according to law, and that the views of commentators or the media are of less importance than the standards set by appeal courts. Ultimately, the Court concluded that no error of law or fact had been established that would justify intervention. Permission to appeal was granted, but the appeal itself was dismissed.