REGINA v KAMIL WOJCIECH KALWARSKI

MR JUSTICE TURNER:

On 20 October last year in the Teesside Crown Court the applicant, Mr Kalwarski, pleaded guilty to a number of offences. They were set out in formal terms in three indictments, and there were two other summary only matters which were associated and which fell within s.51. Mr Kalwarski now renews his application to this court for leave to appeal against conviction, leave having been refused on paper by the single judge. He does not renew a further application for leave to appeal his sentence which had also been refused by the single judge.

By way of background, the applicant had been in a relationship with the complainant, Patrycia Kalwarski, for some nine years, over which period they had two daughters. However, this relationship ended in about August 2018, following allegations of abuse. I pass no comment as to whether those applications are well founded or not. I have no evidence in relation to it. Nevertheless, social services became involved. They concluded that the applicant was not engaging to the extent he should have done, and the stage came when he was not allowed contact with the two girls. Things deteriorated to the extent that on 22 March 2019 Mr Kalwarski was issued with a non-molestation order through the Family Court in Middlesborough. That non-molestation order, which we have read, prohibited the applicant, amongst other things, from contacting his former partner and from entering within a designated area in the vicinity of the former family home.

We summarise the offences with reference to the indictments in which they are set out. The first indictment was T20200328. The first count on that indictment alleged breach of that non-molestation order. Because of concerns which he had over Mr Kalwarski's movement, his former partner would regularly check his Instagram account by way of monitoring his activities. On 10 September 2019 she again checked his account and noticed that there was there a photograph which had been taken by the applicant of her house from across the road. Added to the picture was a comment in Polish which has been translated as:

"This is the border of the ghetto. This is the border I am forbidden to cross. I do apologise to you, my daughters, that I even listened to anybody about that, and do not come to you, but soon enough we will go for a long walk and I will explain to you."

The second count on that indictment also related to a similar breach of the terms of the order. On 11 September 2019 the