Erin Patterson, convicted of poisoning three people with death cap mushrooms at a 2023 lunch in Leongatha, has had her principal property restrained and will begin serving a lengthy sentence in a high-security unit of a Melbourne prison, court documents show.
The Supreme Court on July 23 issued an order preventing anyone from disposing of 84 Gibson Street, Leongatha, after the Director of Public Prosecutions argued the house was "tainted" by its use in the commission of a crime. Patterson was sentenced in September to life imprisonment with a non-parole period of 33 years after a jury found her guilty of the murders of Don and Gail Patterson and Heather Wilkinson, and of the attempted murder of Pastor Ian Wilkinson. The killings followed a lunch at her home on July 29, 2023, at which the victims consumed beef Wellingtons later found to contain death cap mushrooms.
The restraining order, recorded by Justice Michelle Quigley, stated that "no person shall dispose of or otherwise deal with the property," noting it was "likely" an application for restitution or compensation would be made against Patterson. Prosecutors have signalled that any proceeds from the sale of the Gibson Street property, which Patterson bought in 2019 and moved into in 2022, would be earmarked for the victims' families. Proceedings related to the restraint are listed to return to the Supreme Court in November for a directions hearing.
Victim impact statements submitted during pre-sentence proceedings numbered 28 and included accounts from four generations of the Patterson and Wilkinson families, the court was told. Police investigator Stephen Eppingstall led the homicide inquiry that culminated in Patterson's arrest and prosecution.
Patterson, who turns 51 this month, inherited significant sums earlier in her life that funded a comfortable lifestyle, according to testimony at trial. Court material and media reports indicate she received a bequest from her grandmother in 2006, worth about A$2 million paid over eight years, and additional funds after her mother's death in 2019. She and her then-husband, Simon Patterson, used the money to purchase and renovate properties and to travel.
As criminal proceedings intensified, Patterson moved to sell assets to fund an extensive legal defence. Media reports and court filings show she sold a Mount Waverley house for just over A$1 million about six weeks after her arrest. Reports also say she signed over an earlier Korumburra property to her estranged husband during their separation. The Gibson Street residence, described by Patterson during trial as the family's "forever home," remains under restraint.
Patterson's defence team included high-profile counsel such as Colin Mandy, SC, Sophie Stafford and Ophelia Hollway. Media reporting has put Mandy's daily fee at up to A$9,000 for days he appeared in court, and observers noted the cumulative cost of pre-trial hearings and the trial itself was substantial. Prosecutors and the court have indicated remaining funds and assets may be sought to provide compensation to the families of the deceased.
At trial, the defence pleaded not guilty and argued there was reasonable doubt about Patterson's culpability. The trial judge excluded some evidence during proceedings, and legal commentators said Patterson benefited from the rulings. Despite those rulings, a jury returned guilty verdicts, and her sentencing hearing took place on Sept. 7.
Patterson will serve her sentence at the Dame Phyllis Frost Centre's Gordon Unit, a management unit reserved for high-risk inmates. The unit comprises about 20 cells; inmates there are typically confined for up to 23 hours a day and have access to a small, rear courtyard and a limited prison pantry. Prison authorities indicated Patterson will be subject to the unit's intensive restrictions and is unlikely to undertake remunerated prison work in the near term.
Supporters of Patterson had assembled around her Leongatha property during the court process; media images showed black plastic sheeting erected outside the Gibson Street home in anticipation of her return from court at one stage. A close friend attended much of the trial and was present at sentencing, court records show.
Legal avenues for Patterson remain possible but uncertain. Any appeal to the Victorian Court of Appeal would require funding and expert advice on prospects of success. Patterson may apply for legal aid, but it is not guaranteed that taxpayer-funded assistance would be available for an appeal; the court has said such applications would be considered on their merits.
The restraint order and potential sale of the Gibson Street property form part of the prosecutions' efforts to secure restitution for families affected by the deaths. The matter will return to the Supreme Court in November for a directions hearing on the notice of restraint and any related applications.