Mushroom killer triple-murderer in prison, lawyers
Australia's trial of the decade wrapped up in a small Victorian town on Monday as Patterson, 50, was found guilty of murdering three relatives and attempting to murder a fourth by poisoning a beef wellington lunch with toxic mushrooms.
Patterson and her lawyers have two central avenues of appeal should they decide to contest the Supreme Court jury's verdicts.
The court will reconvene for sentencing sometime in the coming month. Defence lawyers will ask the court to order pre-sentence reports about her psychological state, criminal history, health and chance for rehabilitation.
Another date for the sentencing proper will be set. Patterson and her lawyers have 28 days to file an appeal against the convictions, the sentence handed down, or both.
Patterson is expected to be handed a life sentence, with a minimum non-parole period longer than 30 years. Victoria's last triple murderer got life in prison with a minimum of 33 years.
If Patterson's lawyers go for an appeal, there are two broad arguments they could make. They could base an appeal on a contention Justice Christopher Beale made an error in the way he summed up the case.
The second avenue is arguing the verdicts were 'unsafe and unsatisfactory'.
This 28-day deadline after sentencing is expected to begin at an as-yet-undetermined sentencing date in the next four weeks. There is also room for the prosecution to appeal the sentence if they believe it is too lenient.
If Patterson's lawyers file an application to appeal, the Court of Appeal will decide whether hearing a challenge is worth the court's time.
If the Court of Appeal is willing to hear the challenge, getting a court date will take months.
The three Court of Appeal judges could determine the evidence was insufficient to produce the guilty verdicts beyond reasonable doubt or there have been errors of law; both would result in the verdict being quashed.
Quashed verdicts could trigger a retrial.
But if the Court of Appeal decides hearing an appeal is not warranted, Patterson and her lawyers can go up to the High Court for leave to appeal.
Very few criminal cases get leave to appeal in the High Court. If this challenge to the highest court is unsuccessful, Patterson's legal challenges will be exhausted.
On Monday a jury found Patterson guilty of the murders of Heather Wilkinson, 66, Gail Patterson, 70, and Don Patterson, 70, and the attempted murder of Ian Wilkinson, 71.
Patterson is in custody in a protection unit at Dame Phyllis Frost Centre, west of Melbourne, where she has been since her arrest in November 2023.
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'A bit of a Hogwarts special' Patterson's crimes evoke imagery of the Victorian era, Ms Sykes said, pointing to the cases of Christiana Edmunds, the so-called 'Chocolate Cream Killer' of 1871, and Marie-Fortunée Larfarge, who poisoned her husband with arsenic in 1840. 'Even though women killing their family members is quite rare, the narrative of women murdering via poisoning is familiar enough of a trope in true crime that news outlets can craft a story that audiences can recognise and follow along with easily,' she added. The murder weapon itself plays into this narrative, Dr Easton said. 'Mushrooms are a mysterious and magical food – growing out of decay and … a key ingredient in the potions knocked up by witches,' she said. 'It offers up another stereotype Patterson can be associated with – the ugly, middle-aged witch or hag, again confirming her as evil. The mystery and magic of mushrooms and the mundanity of a Sunday lunch create contrast and interest in the story – a bit of a Hogwarts special. 'The fact that Erin's husband – and likely his larger family – were religious and therefore 'good' people further strengthens this contrast, and we enter the familiar narrative of the battle between good and evil.' 'Without the truth, Erin seems 'mad'' Most 'intriguing' of all – at least for Dr Easton – is Patterson's lack of a motive. 'Perhaps (the crime) would be more understandable had Erin's husband had an affair and his family supported him (in his infidelity), or if there was money involved which Erin would only inherit after the deaths of her husband and relatives,' she said. 'This remains a mystery in this case – and perhaps if the truth were out there, it would be a lot less interesting. Without the truth, Erin seems 'mad' – we can't see killing people as normal behaviour.' Criminologist Dr Xanthe Mallett said on The Trial podcast earlier this week that she and renowned criminal psychologist Dr Tim Watson-Munro had 'picked apart' Patterson's personality as they observed the case, in a bid to understand what prompted her to target her extended family. 'It appears, or what I believe happened is, she has this simmering rage for Simon and perhaps felt that his family hadn't supported her,' Dr Mallett said, referring to text messages tendered as evidence during the trial that demonstrated 'some tensions within the family'. 'And therefore some of that rage is transferred to them, and she felt justified in harming them because of this … and therefore she is protecting herself.'
