Victorian Court of Appeal denies Erin Patterson's bid to overturn murder convictions and removes parole eligibility
The Court of Appeal upheld Erin Patterson's triple-murder convictions and ruled that she will serve a life sentence without the possibility of parole, though she may still seek leave to appeal to the High Court.
A three-judge panel of the Victorian Court of Appeal dismissed Erin Patterson's appeal against her convictions for the 2023 mushroom poisoning that killed three relatives and injured a fourth. The judges also rejected the prosecution's request to increase her sentence, instead confirming that the life sentence will be served without a non-parole period. Patterson has 28 days to decide whether to seek special leave to appeal to the High Court of Australia.
Justice Peter Kidd said the offences were “extraordinarily cold and calculated” and that the “shocking criminality” of the murders made it inappropriate to set a parole period. Justice Stephen McLeish and Justice Lesley Taylor joined the decision.
The appeal had raised two grounds. The first concerned a hotel-booking error that placed jurors in the same accommodation as members of the prosecution, a police witness and journalists. The court found no evidence of interaction and rejected the argument that the trial’s integrity was compromised. The second ground related to the prosecution’s challenge to the original 33-year non-parole period; the appellate judges concluded that a life-without-parole sentence was warranted.
The ruling was welcomed by the victims' families, who have largely remained out of the media. Ian Wilkinson, the sole survivor of the lunch, previously thanked police for uncovering the truth.
If Patterson chooses to pursue a High Court appeal, she will need to convince the nation’s highest court to hear the case, a step that is both costly and rarely granted. Until then, she will remain incarcerated for the remainder of her life.