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Convicted triple killer Erin Patterson has lodged an appeal in Victoria against her convictions.
She was found guilty of murdering three members of her former husband’s family in July, leading to her being sentenced to life in prison with a non-parole period of 33 years.
Patterson killed her parents-in-law, Don and Gail Patterson, and Gail’s sister Heather Wilkinson, as well as attempting to murder Heather’s husband Ian Wilkinson by serving them a beef Wellington dish that was laced with poisonous mushrooms.
She and her children were also at the lunch at her Leongatha home on July 29, 2023, but failed to fall sick.
The Victorian Director of Public Prosecutions previously confirmed it will appeal Patterson’s prison sentence, claiming it was “manifestly inadequate”.
What grounds is Erin Patterson appealing her murder convictions on?
Patterson’s team have yet to disclose on what grounds they are appealing her conviction.
To be successful she will have to convince the Court of Appeal that there were legal errors in her trial
“[The appeal] needs to be able to demonstrate that there was a miscarriage of justice,” criminal lawyer George Balot told Daily Mail’s The Trial podcast.
“The Court of Appeal has recently allowed a number of appeals where judges misdirected juries or failed to direct them, though I’m not suggesting this has happened here.”
The mother-of-two has always denied any wrongdoing, claiming the incident was a terrible accident.
What are the possible outcomes of Erin Patterson’s appeal?
Patterson is hoping to overturn her convictions and walk free, however, there are several possible outcomes that could happen because of the appeal.
Her appeal could be dismissed, meaning she will continue to serve her sentence at Melbourne’s Dame Phyllis Frost Centre, where she is known to spend the majority of her time in solitary confinement.
Is her appeal is successful, she could have to face a retrial, which could work in her favour if she is able to submit new evidence.
“Evidence that might have been excluded in previous trials might not be excluded on this trial,” Balot said.
“And another interesting thing … is if she succeeds on her conviction appeal, she might then be able to go back to the Supreme Court, plead guilty and receive a discount for a plea of guilty and saving the community another trial. And so she could potentially do better than 33 years if she takes advantage of that.”
However, there is also a chance that she could be found guilty again and will face an even longer sentence than she is currently serving.
Either way, the legal expert doesn’t think the appeal will be quickly resolved.
“It might not happen until 2026 or even 2027,” Balot explained.
