Victorian Court to Decide on Erin Patterson's Appeal and Possible Retrial

Victoria's highest court will announce its decision on Friday regarding two appeals linked to Erin Patterson's triple murder case. The Court of Appeal, comprising Justices Lesley Taylor, Stephen McLeish and Peter Kidd, heard submissions from Patterson's defence and prosecutors in August.

Patterson, 52, was sentenced last year 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 served them a lunch containing death-cap mushrooms. She was also convicted of attempting to murder Heather's husband, Ian Wilkinson, who survived the poisoned meal.

Patterson's legal team appealed her convictions, while the Director of Public Prosecutions (DPP) appealed the sentence, arguing it was insufficient. Defence counsel Richard Edney argued that jurors staying in the same hotel as police and prosecutors during deliberations constituted a fundamental irregularity that denied a fair trial. He also contended that the trial judge erred in excluding photos and videos of mushrooms found on an SD card in Patterson's home, which he said supported her evidence of foraging.

"What we say has occurred here in the applicant’s trial was an inexplicable and perhaps still unexplained failure of a process," Edney told the court.

During the hearing, DPP representative Brendan Kissane KC maintained that, despite Patterson likely being in her 80s before becoming eligible for parole, the sentence remained too lenient given the seriousness of the offences.

"It has its harsh aspect to it, of course, we accept that. But in our submission that is not a matter that is outweighed by the seriousness of the offending," Kissane said.

The court's possible rulings include dismissing the appeal, granting it and ordering a retrial, or granting it and entering an acquittal. If a retrial or acquittal is ordered, the DPP's sentence appeal would become moot; otherwise, the sentence could be revised.

Patterson is not expected to attend the decision in person.