Triple-murderer Erin Patterson has appealed her convictions for poisoning four of her estranged husband’s relatives with death cap mushrooms.
Three judges of the Victoria state Court of Appeal are hearing her appeal over two days against her convictions on three counts of murder and one of attempted murder. The charges stem from a lunch of beef Wellington pastries she prepared at her rural home in Leongatha in July 2023.
Patterson was sentenced in September to life in prison with a minimum of 33 years before parole eligibility. However, prosecutors are also appealing the sentence, arguing for life without the possibility of parole.
One of Patterson's grounds for appeal centers on an alleged error where jury members were sequestered in the same hotel as a police witness and members of the prosecution team. Her defense lawyer described this as a "very serious breach of sequestration," though prosecutors stated there was no evidence of actual contact between jurors and others.
Another defense argument questions the evidence that Patterson read online posts about death cap mushrooms being seen in the local area. Evidence presented at the trial indicated that Patterson's phone had connected to cell towers near Loch and Outtrim, towns where the mushrooms were reportedly sighted. The defense submitted this evidence was "dangerous and unfair."
Prosecutors maintain that evidence showed Patterson had the opportunity to deliberately source death cap mushrooms shortly before the lunch. The defense also contended that a prosecutor’s five-day cross-examination of Patterson was "unfair and oppressive," and that the trial judge caused "unfair prejudice" by allowing evidence from Patterson’s Facebook friends into the trial.
During her trial, Patterson argued the poisoning was an accident. Her estranged husband, Simon Patterson, was invited to the lunch but did not attend. His parents, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, died from the poisoning. Heather’s husband, Ian Wilkinson, survived after a lengthy hospital stay.
In pre-trial testimony, Simon Patterson stated he suspected his wife had deliberately made him ill with other dishes, though no poisons were found. Erin Patterson had initially been charged with three counts of attempting to murder him, but these charges were dropped before her trial began in April 2025.
If Patterson's appeal is successful, the judges could overturn her convictions and order a retrial. Patterson is currently watching the appeal hearing remotely from prison. She did not attend court in person on Wednesday.