Patterson Awaits Ruling on Mushroom Murder Appeals

Erin Patterson will learn Friday whether her prison sentence increases or her trial is overturned. The Court of Appeal in Victoria is scheduled to deliver its judgment at 10:00 a.m. The decision resolves two separate appeals filed in the triple murder case.

Patterson, 52, was convicted last year of killing Don and Gail Patterson and Heather Wilkinson. The victims were her estranged husband’s parents and his aunt. She lured them to her home for lunch, where she served beef wellington stuffed with death cap mushrooms. Heather’s husband, Ian Wilkinson, survived the meal after spending weeks in the hospital.

A judge sentenced Patterson to life in prison with a non-parole period of 33 years. The Director of Public Prosecutions appealed that sentence, arguing it was manifestly inadequate. Prosecutors told the court in August that even if Patterson is released in her 80s, the term remains too short for the severity of the crime.

Patterson’s legal team filed seven grounds for appeal. They claimed the trial was unfair because jurors stayed in the same hotel as police and prosecutors while deliberating. Richard Edney, Patterson’s lawyer, called this a fundamental irregularity. He described it as an inexplicable failure of process that denied her a fair trial.

Defenders also challenged the trial judge, Christopher Beale. They argued he wrongly admitted photos and videos of mushrooms found on an SD card in Patterson’s home. They maintained this evidence supported her claim that she foraged for mushrooms. The judge had ruled the media inadmissible because it tended to support her defense.

Patterson is not expected to attend the hearing in person. Justices Lesley Taylor, Stephen McLeish, and Peter Kidd heard arguments in August. They will now decide if leave to appeal is granted. If the appeal is dismissed, the 33-year non-parole period stands. If upheld, the court may order a retrial or enter an acquittal.

If the court grants leave and dismisses the appeal, the judges will also rule on the sentence. They may increase the non-parole period. If the appeal is upheld and a retrial is ordered, the sentence appeal becomes moot. The court must choose from four possible outcomes before releasing its written decision.