How mushroom killer could appeal
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. A mural of Erin Patterson was painted in a Melbourne laneway in June. NewsWire / Ian Currie Credit: News Corp Australia The painting was amended this week. NewsWire / David Crosling Credit: News Corp Australia
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. Erin Patterson's defence lawyers have so far been tight-lipped about the prospect of an appeal. NewsWire / Diego Fedele Credit: News Corp Australia
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. The only person to survive the lunch, Ian Wilkinson, was a constant fixture at the lengthy trial. NewsWire / David Crosling Credit: News Corp Australia
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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