Erin Patterson learns appeal outcome over deadly mushroom beef wellington lunch

Jailed mushroom cook Erin Patterson has had her appeal hopes dashed by Victoria’s highest court in a blockbuster hearing.

The mother-of-two was convicted in July last year of poisoning her husband’s parents and his aunt and uncle with deadly death cap mushrooms.

She returned to the Victorian Court of Appeal on Friday morning as Justices Stephen McLeish, Lesley Taylor and Peter Kidd handed down their judgment, more than two months after Patterson’s lengthy appeal played out.

Justice McLeish said the court was dismissing Patterson’s appeal and upheld the Director Of Public Prosecutions appeal.

Her 33-year non-parole period was set aside and no new parole period was imposed. This means Patterson will never be released.

“This offence was extraordinarily cold and calculated,” Justice McLeish said.

“After anxious and careful consideration, the case involved such shocking criminality it is not appropriate to fix a non parole period.”

Patterson did not come to court in person, instead choosing to watch the hearing from the Dame Phyllis Frost Centre women’s prison remotely.

Patterson, who was handed a life sentence last September, had pushed for her convictions to be overturned, while Victoria’s top prosecutor had argued her sentence was too lenient and she should die in prison.

Four possible appeal outcomes

If Patterson’s appeal against her conviction is upheld, the court could either order a new trial on the charges or grant her a complete acquittal.

But if she loses, the three judges will then consider the Director of Public Prosecution’s appeal against the 33-year non-parole period imposed by Justice Christopher Beale.

The judges could dismiss the Director’s appeal, leaving Patterson’s sentence unchanged, or impose a new sentence.

What is Patterson’s case about?

The 51-year-old was found guilty of murdering her estranged husband Simon Patterson’s parents and aunt, and the attempted murder of his uncle, after poisonous death cap mushrooms were served at a lunch at her Leongatha home southeast of Melbourne on July 28, 2023.

Don Patterson, Gail Patterson and Heather Wilkinson died following the lunch, while Ian Wilkinson survived after spending more than two months in hospital.

Patterson maintains she is innocent and the poisoning was a tragic accident.

However, following a lengthy trial, a jury unanimously disagreed, finding beyond reasonable doubt she intentionally included the deadly fungi.

At the appeal hearing in August, Patterson’s lawyers argued she suffered a substantial miscarriage of justice and the convictions should be quashed and a fresh trial held.

They argued some pieces of evidence should not have made it into the trial, that she was “forced” to give evidence and that the prosecution’s questioning of Patterson was unfair and oppressive.

Her lawyers also argued a trial mishap, where jurors were unknowingly sequestered in the same hotel as members of the prosecution team, “fatally undermined the integrity of the verdicts”.

In response, prosecutors submitted the case against Patterson was “overwhelming” and the court should conclude convictions were inevitable.

If she is unsuccessful in her appeal, Patterson could elect to take her fight to the High Court.