Victoria Court to Decide Patterson's Fate: Retrial or Lengthier Term

Victoria’s highest court will issue its decision on two appeals in Erin Patterson’s triple murder case at 10 a.m. on Friday. The ruling will determine if the 52-year-old defendant faces a new trial or a longer prison term. Patterson is not expected to appear in person for the announcement.

Justices Lesley Taylor, Stephen McLeish, and Peter Kidd heard arguments in August. They are now weighing whether to uphold Patterson’s convictions or grant her a retrial. The court will also decide on an appeal filed by the director of public prosecutions, who argued her current sentence is manifestly inadequate.

Patterson was sentenced to life in 2025 with a non-parole period of 33 years. She convicted for the murders of Don and Gail Patterson and Heather Wilkinson. Those three were her estranged husband’s parents and aunt. Patterson also survived an attempted murder charge after Ian Wilkinson, Heather’s husband, was hospitalized for weeks after eating beef wellington containing death cap mushrooms.

Patterson’s legal team raised seven grounds for appeal. Lawyer Richard Edney argued that jurors staying in the same hotel as police and prosecution staff during deliberations was a fundamental irregularity. Edney called it an inexplicable failure of process that denied Patterson a fair trial. The defense also claimed the trial judge erred by admitting photos and videos of mushrooms found on an SD card in Patterson’s home.

The prosecution argued for a stricter sentence. Brendan Kissane KC told the court that Patterson would be in her 80s by the time she is eligible for parole under the current terms. When asked if a longer term amounts to life in prison, Kissane acknowledged the harshness but stated the severity of the offending outweighed that factor. He noted the current sentence was still too lenient despite Patterson’s advanced age at potential release.

The court has several options for its ruling. It can deny leave to appeal, grant leave but dismiss the appeal, or grant leave and order a retrial. It could also grant leave and enter an acquittal. If the court orders a retrial or acquittal, it will not need to rule on the prosecution’s appeal regarding the sentence length.

If the appeal fails or succeeds with a resentencing, the court will set a new non-parole period. The decision will clarify whether Patterson remains in prison for 33 years before parole eligibility or faces a new trial on the charges.