Erin Patterson has appealed her convictions for poisoning four of her estranged husband’s relatives with death cap mushrooms. The appeal is being heard over two days by three judges of the Victoria state Court of Appeal.
Patterson was convicted on three counts of murder and one of attempted murder in relation to a lunch prepared at her rural home in July 2023. She was sentenced in September to life in prison with a minimum of 33 years before parole eligibility.
The defense team presented several grounds for appeal, including allegations of a serious breach of sequestration rules, where jury members were housed in the same hotel as a police witness and prosecution team members. Defense lawyers also argued there was insufficient evidence that Patterson had read online reports about death cap mushrooms being found near specific towns, despite her phone having connected to cell towers in those areas. Another ground for appeal cited that a prosecutor’s cross-examination of Patterson over five days was “unfair and oppressive,” and that the trial judge caused “unfair prejudice” by allowing evidence from Patterson’s Facebook contacts into the trial.
Prosecutors are also appealing the sentence, arguing Patterson should face life imprisonment without the possibility of parole. They contend that evidence showed Patterson had the opportunity to deliberately source the mushrooms shortly before the lunch.
Patterson’s 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 weeks in hospital.
During her trial, Patterson maintained that the poisoning was an accident. The defense also argued that a miscarriage of justice occurred when the prosecution presented differing narratives regarding motive, initially stating there was no evidence of motive and later suggesting animosity toward her husband’s parents was the motive. Prosecutors have not been accused of deliberate professional misconduct, but the defense noted a divergence between the case's opening and closing statements.
If Patterson's appeal is successful, the court could overturn her convictions and order a retrial. Patterson did not attend the hearing in person, watching remotely from prison.