Killer cook's meticulous planning will cost her at sentencing time
There were 82 murder cases in Victoria between July 2018 and June 2023, according to the Sentencing Advisory Council. Of those, 9.8 per cent of killers were given life sentences, while 30.5 per cent were sentenced to 25 or more years' jail. The shortest sentence handed down was nine years, while the longest was 36 years.
Along with Erin Patterson's sentence, Beale will also issue a non-parole period. The longest non-parole period issued in Victoria between 2018 and 2023 was 35 years, according to the Sentencing Advisory Council data.
After the sentence is handed down, likely to be later this year, Patterson will then have 28 days to appeal either the sentence, the verdict or both.
'Because this is such a big, complex case, [the defence] may need a bit of extra time beyond their 28 days,' Papas said.
There are Victorian cases of murder that have attracted life sentences which Papas expects to be considered.
Robert Farquharson, the father convicted of murdering his three sons, was sentenced in 2010 to life in prison with a non-parole period of 33 years. Farquharson launched his third appeal last year.
James Gargasoulas murdered six people and recklessly endangered the life of 27 others when he ploughed a stolen car into pedestrians in Bourke Street on January 20, 2017. He was sentenced to life, with a minimum of 46 years.
If Patterson does appeal, three Court of Appeal judges will consider written and oral submissions from the prosecution and the defence. To be successful, Patterson's lawyers would need to point to evidence of alleged errors or failures in the running of the case which amount to an unjust conviction.
A victory could see the judges order a retrial, resentence her or even choose to permanently stay the charges on the basis Patterson would not be able to receive a fair trial again – which would result in her release.
If she failed, she would be able to lodge another appeal in the High Court, but it would be much harder to overturn the decisions of two lower courts. Her only other avenue after that would be a petition of mercy, which, under Victorian laws passed in 2019, allows an appeal if there is fresh and compelling evidence that shows a substantial miscarriage of justice has occurred.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
7NEWS
6 hours ago
- 7NEWS
Calls for national testing rules for elderly drivers after 91-year-old loses control of car, killing woman
A pedestrian is still fighting for his life in hospital while police wait to speak to an elderly driver whose car ploughed into three people, killing a woman. The tragedy could trigger changes to Victoria's licensing rules for older drivers, as one expert warns senior motorists are a critical cohort to target with safety measures. The trio were walking on a footpath in suburban Wantirna South, in Melbourne's east, when a 91-year-old driver lost control of her car. The Toyota Yaris mounted a footpath before hurtling down a hill and smashing through a fence and into a bench on Thursday. The woman, 59, died at the scene while the man, 60, remains in a critical condition. The two-year-old boy was seriously injured but his condition had been stabilised in hospital on Friday. Investigators, yet to interview the elderly driver, will assess whether speed was a contributing factor. The incident has prompted the state government to consider previous calls for older people to prove they are fit to drive, in line with rules in other states. Victoria does not have age-based driving safety requirements, although drivers aged 75 and older must renew their licence every three years, which can involve various tests. NSW, Queensland, the ACT, Tasmania and the Northern Territory require drivers older than 75 to have a health check, while older drivers in South Australia must complete self-assessments. In Western Australia, an annual medical assessment is required to renew a driver's licence from the age of 80. There were two critical times in a driver's road safety journey, Australian Road Safety Foundation chair Russell White said. They were the first five years after obtaining their P-plates and from the age of 55 onwards. 'Where it might be inexperience and a bit of bravado at the younger-driver end, the delayed reaction, poor vision, health issues and cognitive ability all decline as we get older,' White told AAP. But individual drivers had varied abilities as they aged, so a staged approach was needed. Australasian College of Road Safety chief executive Ingrid Johnston has called for a study to compare the outcomes of various jurisdictional models to determine the best approach to roll out nationally. She said authorities also needed to support older drivers with opportunities to maintain safe driving and provide alternatives when that might no longer be possible. The crash happened during the first week of Victorian school holidays, bringing the state's road toll to 14 in seven days.
Daily Telegraph
9 hours ago
- Daily Telegraph
Mushroom cook Erin Patterson broke down during murder trial
Don't miss out on the headlines from Breaking News. Followed categories will be added to My News. For ten weeks, Erin Patterson remained composed as a jury decided whether a poisoned beef Wellington lunch she cooked was a deliberate and callous act of murder, or a tragic accident. She was found guilty of the murders of three family members and the attempted murder of a fourth with the meal that had been spiked with death cap mushrooms on July 29, 2023, at her home in a small Victorian dairy town. Now the verdict is in, a key moment of weakness in the second week of the trial that saw her break down sobbing moments after the jury left the room can be revealed. The mother-of-two had spent two days listening to her son and daughter's interviews with police, with topics ranging from what the kids knew of the lunch, what they did after, and the disintegration of their parents' marriage. Erin Patterson was found guilty of three counts of murder after preparing the fatal beef Wellington lunch that ended in the deaths of three family members. Picture: Brooke Grebert-Craig. Photos of the remnants of the beef Wellington meal, taken in for testing, were released after the trial found Erin Patterson guilty of three counts of murder. Picture: Supplied Patterson, wearing a long brown cardigan and green top, sat in the dock watching a screen as video showed her daughter telling police she wasn't present at the lunch, 'so I don't know what happened'. The nine-year-old told her interviewer her mum told her she would be going to see a movie with her older brother and another boy the morning of the lunch. She said she saw 'meat' in the oven and Patterson was making a coffee as she explained she wanted to have lunch with her in-laws to discuss 'adult stuff'. 'I don't exactly know what they had but I know (brother) and me had leftovers the next day,' she said. The young girl said she went to the cinema around midday on July 29, had McDonald's for lunch and was picked up by her dad Simon Patterson, whom she spent the evening with. Later that night, the girl said Patterson told them they were having 'leftovers' with meat, mashed potato and green beans served. 'She wasn't really hungry so (brother) ate the rest of hers,' she said. There was no suggestion during the trial that the children's meals were contaminated with death cap mushrooms. The girl told police Patterson loved to cook and she would often help to bake sweet treats. Her older brother's interview was played next, the boy telling police he had arrived home on the day of the fatal lunch about 30 minutes before their grandparents Don and Gail Patterson, and great aunt and uncle Ian and Heather Wilkinson left. He agreed it appeared the group had a good time and said he spoke with his grandfather, Don, about his flying lessons before going to play video games with a friend. Don and Gail Patterson died after ingesting poisonous mushrooms. Picture: supplied Korumburra pastor Ian Wilkinson survived despite being left fighting for life but his wife Heather Wilkinson died after the lunch. Picture: Supplied After they said their goodbyes, the boy said he helped his mother clean up from lunch. 'I remember taking some plates up to the sink and putting them in the dishwasher,' he said. 'I collected all the plates put them in a pile next to the sink … I collected all the glasses put them near the sink.' He said he did not recall any remnants of food on the plates, which he believed were 'plain white' dinner plates about 15cm in diameter. The boy spoke with police about how his mother told him she felt sick the morning after the lunch, forcing them to skip church, but was adamant she would drive him the hour to his flying lesson. He told officers that the following Monday, he and his sister were pulled out of school by their father Simon and taken to the Monash Children's Hospital in Melbourne, where he visited his mother and had three blood tests over Monday and Tuesday before being sent home. The police line of questioning then turned to the relationship between Patterson and her husband, with the boy detailing a 'very negative' shift in his parents' relationship ahead of the fatal lunch. Killer mushroom cook Erin Patterson was convicted after a 10-week trial. Picture: NewsWire / Anita Lester As her son's police interview was played in court, the mother-of-two appeared glassy eyed and trying to hold back tears. The 14-year-old boy said he knew his dad didn't like that Patterson had moved the boy to another school, and wanted to be on the paperwork for his son's new school. 'Dad wouldn't talk to mum about that,' he said. He told the interviewer he and his sister had previously been staying with Simon Patterson after school Friday through to Monday and with Patterson from Monday evening though to Friday morning. But in the past year they had only stayed at their mother's home, by choice. 'For the past year we've been living at mum's, sleeping at mum's, for the last year he's trying to get me and (sister) to stay at his … but I didn't really want to,' he said. 'I told him I really didn't want to because he never did anything with us over the weekend.' Patterson appeared glassy-eyed during the interview, but managed to maintain her composure. Moments after the jury were excused and the room was clear, she broke down in heaving sobs. She was red faced and gasping for breath as her barrister, Colin Mandy SC, walked over to the stand to offer some reassuring words. The only other time Patterson displayed any clear emotion in the courtroom was when she was in the witness box. Her voice faltered and she was seen dabbing her eyes with a tissue whenever she responded to questions about her children. When the jury returned on Tuesday with their verdict, and hundreds gathered outside the courtroom to hear their verdict, Patterson looked only slightly nervous as she tried to meet each juror's eye and failed. She remained expressionless as the forewoman softly said 'guilty' in response to each charge. Patterson, who has maintained her innocence throughout the two-year saga, is expected to appeal the jury's decision. Originally published as Moment mushroom cook Erin Patterson broke down during murder trial
Perth Now
13 hours ago
- Perth Now
Moment mushroom killer broke down
For ten weeks, Erin Patterson remained composed as a jury decided whether a poisoned beef Wellington lunch she cooked was a deliberate and callous act of murder, or a tragic accident. She was found guilty of the murders of three family members and the attempted murder of a fourth with the meal that had been spiked with death cap mushrooms on July 29, 2023, at her home in a small Victorian dairy town. Now the verdict is in, a key moment of weakness in the second week of the trial that saw her break down sobbing moments after the jury left the room can be revealed. The mother-of-two had spent two days listening to her son and daughter's interviews with police, with topics ranging from what the kids knew of the lunch, what they did after, and the disintegration of their parents' marriage. Erin Patterson was found guilty of three counts of murder after preparing the fatal beef Wellington lunch that ended in the deaths of three family members. Brooke Grebert-Craig. Credit: Supplied Photos of the remnants of the beef Wellington meal, taken in for testing, were released after the trial found Erin Patterson guilty of three counts of murder. Supplied Credit: Supplied Patterson, wearing a long brown cardigan and green top, sat in the dock watching a screen as video showed her daughter telling police she wasn't present at the lunch, 'so I don't know what happened'. The nine-year-old told her interviewer her mum told her she would be going to see a movie with her older brother and another boy the morning of the lunch. She said she saw 'meat' in the oven and Patterson was making a coffee as she explained she wanted to have lunch with her in-laws to discuss 'adult stuff'. 'I don't exactly know what they had but I know (brother) and me had leftovers the next day,' she said. The young girl said she went to the cinema around midday on July 29, had McDonald's for lunch and was picked up by her dad Simon Patterson, whom she spent the evening with. Later that night, the girl said Patterson told them they were having 'leftovers' with meat, mashed potato and green beans served. 'She wasn't really hungry so (brother) ate the rest of hers,' she said. There was no suggestion during the trial that the children's meals were contaminated with death cap mushrooms. The girl told police Patterson loved to cook and she would often help to bake sweet treats. Her older brother's interview was played next, the boy telling police he had arrived home on the day of the fatal lunch about 30 minutes before their grandparents Don and Gail Patterson, and great aunt and uncle Ian and Heather Wilkinson left. He agreed it appeared the group had a good time and said he spoke with his grandfather, Don, about his flying lessons before going to play video games with a friend. Don and Gail Patterson died after ingesting poisonous mushrooms. supplied Credit: Supplied After they said their goodbyes, the boy said he helped his mother clean up from lunch. 'I remember taking some plates up to the sink and putting them in the dishwasher,' he said. 'I collected all the plates put them in a pile next to the sink … I collected all the glasses put them near the sink.' He said he did not recall any remnants of food on the plates, which he believed were 'plain white' dinner plates about 15cm in diameter. The boy spoke with police about how his mother told him she felt sick the morning after the lunch, forcing them to skip church, but was adamant she would drive him the hour to his flying lesson. He told officers that the following Monday, he and his sister were pulled out of school by their father Simon and taken to the Monash Children's Hospital in Melbourne, where he visited his mother and had three blood tests over Monday and Tuesday before being sent home. The police line of questioning then turned to the relationship between Patterson and her husband, with the boy detailing a 'very negative' shift in his parents' relationship ahead of the fatal lunch. Killer mushroom cook Erin Patterson was convicted after a 10-week trial. NewsWire / Anita Lester Credit: News Corp Australia As her son's police interview was played in court, the mother-of-two appeared glassy eyed and trying to hold back tears. The 14-year-old boy said he knew his dad didn't like that Patterson had moved the boy to another school, and wanted to be on the paperwork for his son's new school. 'Dad wouldn't talk to mum about that,' he said. He told the interviewer he and his sister had previously been staying with Simon Patterson after school Friday through to Monday and with Patterson from Monday evening though to Friday morning. But in the past year they had only stayed at their mother's home, by choice. 'For the past year we've been living at mum's, sleeping at mum's, for the last year he's trying to get me and (sister) to stay at his … but I didn't really want to,' he said. 'I told him I really didn't want to because he never did anything with us over the weekend.' Patterson appeared glassy-eyed during the interview, but managed to maintain her composure. Moments after the jury were excused and the room was clear, she broke down in heaving sobs. She was red faced and gasping for breath as her barrister, Colin Mandy SC, walked over to the stand to offer some reassuring words. The only other time Patterson displayed any clear emotion in the courtroom was when she was in the witness box. Her voice faltered and she was seen dabbing her eyes with a tissue whenever she responded to questions about her children. When the jury returned on Tuesday with their verdict, and hundreds gathered outside the courtroom to hear their verdict, Patterson looked only slightly nervous as she tried to meet each juror's eye and failed. She remained expressionless as the forewoman softly said 'guilty' in response to each charge. Patterson, who has maintained her innocence throughout the two-year saga, is expected to appeal the jury's decision.
