Erin Patterson is set to learn the outcome of two high-stakes appeals regarding her triple murder case this Friday, as Victoria’s highest court prepares to deliver its ruling from 10am. The 52-year-old, who is not expected to appear in person, was sentenced last year to life imprisonment with a non-parole period of 33 years. Her conviction followed the deaths of her estranged husband’s parents, Don and Gail Patterson, and his aunt, Heather Wilkinson, who all fell ill after consuming a beef wellington meal she hosted. Patterson was also convicted of the attempted murder of Heather’s husband, Ian Wilkinson, who survived after an extended hospital stay.
The court is considering two distinct appeals. Patterson has challenged her convictions, while the director of public prosecutions has appealed her sentence, arguing that the term was manifestly inadequate. During proceedings in August, justices Lesley Taylor, Stephen McLeish, and Peter Kidd heard arguments from both sides. Prosecutors contended that Patterson should have received a sentence with no possibility of release, or one so lengthy that she would likely die in custody. When questioned about whether such a term would effectively ensure she dies behind bars, Brendan Kissane KC, representing the DPP, acknowledged the severity but maintained that it was not outweighed by the gravity of the offenses.
Patterson’s legal team, led by Richard Edney, presented seven grounds for appeal. A central argument focused on the jury being allowed to stay in the same hotel as police and prosecution staff during deliberations, which the defense described as a “catastrophic” failure of the justice system. Edney argued that this lack of separation was a fundamental irregularity that denied his client a fair trial. He told the court in August that the failure was an “inexplicable and perhaps still unexplained failure of a process.”
The court’s decision on Friday could lead to several potential outcomes. Justices may deny leave to appeal, or grant leave but dismiss the appeal. If the appeal is upheld, the court could order a retrial or enter an acquittal. Should the appeal fail or be dismissed, the court will then rule on the DPP’s request to increase the non-parole period, potentially resulting in a resentencing.
