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Erin Patterson prepares for mushroom murders appeal ruling to learn if she could face retrial or longer jail term

By · Via The Guardian · Published by Everything Blog

In short

The three-justice appellate panel will address seven defense grounds alongside a state challenge asserting that the original 33-year minimum term was manifestly inadequate. Patterson’s attorneys argue that jury misconduct and the exclusion of photographic foraging evidence compromised the fairness of the initial proceedings. If the court rejects Patterson's conviction challenge, the judges may still resentence her to a harsher punishment without the possibility of parole.

Key points

  • The appellate judges could overturn the convictions entirely, direct a retrial, or uphold…: The appellate judges could overturn the convictions entirely, direct a retrial, or uphold the original guilty verdicts.
  • Prosecutors are requesting a complete denial of parole to ensure Patterson remains incarc…: Prosecutors are requesting a complete denial of parole to ensure Patterson remains incarcerated for the remainder of her life.
  • Defense lawyers contend the trial judge wrongly excluded SD card media showing mushrooms…: Defense lawyers contend the trial judge wrongly excluded SD card media showing mushrooms that supported Patterson's foraging claims.

Sources checked by our analysis pipeline: 1

Erin Patterson is set to find out if she could face a longer prison sentence or a new trial, as Victoria’s highest court hands down its decision on two appeals regarding her triple murder case.

The court of appeal is set to rule on the two appeals from 10am on Friday, after justices Lesley Taylor, Stephen McLeish and Peter Kidd heard arguments from her legal team and prosecutors in August.

Patterson, 52, is not expected to attend the appeal decision in person.

She was last year sentenced to life imprisonment, with a non-parole period of 33 years, for the murders of her estranged husband’s parents, Don and Gail Patterson, and his aunt Heather Wilkinson, after she hosted them for lunch.

Patterson was also convicted of the attempted murder of Heather’s husband, Ian Wilkinson, who survived the beef wellington laced with death cap mushrooms after spending weeks in hospital.

She has appealed against her convictions, while the director of public prosecutions appealed against Patterson’s sentence, arguing that it was manifestly inadequate.

In August, the court heard Patterson should have been given…

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