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
an hour ago
- 7NEWS
Influencer Constance Hall questions evidence used to convict Erin Patterson after mid-trial warning
Weeks after receiving a warning about her coverage of Erin Patterson's murder trial, influencer Constance Hall has taken aim at some of the evidence used to convict the triple murderer. Patterson, 50, was convicted of three counts of murder and one count of attempted murder on Monday, after she served beef wellington laced with death cap mushrooms during a lunch at her Leongatha home in July 2023. Patterson's former in-laws, Don and Gail Patterson, as well as Gail's younger sister, Heather Wilkinson, died the week following the lunch, while Heather's husband, Ian Wilkinson, recovered following a month and a half in hospital. During the trial, Hall notified her followers that she'd removed a post about the case after she was warned her coverage and responses to it could breach contempt laws. 'Fyi you guys, I had to remove the post about the mushroom trial because I received an email from the Vic government telling me to immediately delete it and that numerous comments on the post breached 'the principles of sub justice (sic) contempt',' Hall posted in June. She added that she'd discuss the case with her followers after the trial, and she has made good on her word. Hall pointed to a number of private messages sent by Patterson on Facebook, which were used as evidence in the trial to show Patterson's strained relationship with her in-laws. Patterson admitted she regretted the statements in court. In context, Patterson was meeting with her father-in-law, Don Patterson, about problems she was having with her estranged husband, Simon Patterson. 'So Don said they can't adjudicate if they don't know both sides and Simon won't give his side,' Patterson wrote in the messages, referring to Don and Simon. 'So he said all he can ask is that Simon and I get together to pray for the children. This family I swear to f**king God. 'I said to him about fifty times yesterday that I didn't want them to adjudicate. Nobody bloody listens to me. At least I know they're a lost cause.' Hall has argued that the kind of language used by Patterson isn't unusual for former in-laws. She added she didn't believe the messages proved she had any kind of murderous intent towards her ex's family. 'I think my doubts stemmed from her messages ... like if that was the worst they could get on her messages ... well, I'd hate to see what they'd pin on me after reading mine,' Hall wrote on Facebook. 'I mean, those messages revealed that she wasn't a fan of the ex and his family, but that's so common that it just doesn't feel like a motive. Ugh, my heart goes out to those kids.' Hall, who rose to fame as a mummy blogger, added: 'I mean, she just doesn't look like the mushroom poisoning super villain that she ended up being ... You really never can tell, can you.' Hall's followers had a mixed reaction to the post. 'Did she do it? Unsure. I don't believe the evidence was enough to convict. It's all circumstantial and I believe the jury has been heavily influenced by the media in the two years it took to go to trial,' one follower said. 'Me too ... I'm not convinced,' another added. 'The evidence now able to be released is extensive and compelling. Lies, lies and more lies, that were all uncovered by investigating police. l believe the right decision has been made,' yet another wrote. Other followers were also convinced of her guilt. 'There was WAY more then text messages Con x. She killed that man's family,' one follower wrote. 'Seriously? I thought it was so obvious and everyone knew. Just goes to show,' another wrote. 'She did it,' another wrote. The jury's guilty verdicts came after seven days' deliberation at the end of an 11-week trial in the Victorian town of Morwell, in the state's LaTrobe Valley. Following the verdict, Patterson was transferred back to Melbourne's Dame Phyllis Frost Centre where it is believed she is being held in protective custody. On Sunrise on Tuesday, criminal defence lawyer Ruth Parker spoke about a possible appeal from the convicted murderer. Patterson's legal team now has 28 days from her judgement to launch an appeal. 'Technically, the rule is that you have 28 days to appeal your conviction. But, realistically, the court will grant leave to appeal out of time for such big cases, where there is so much evidence and transcript,' Parker told hosts Natalie Barr and Matt Shirvington. 'Ultimately, I think that if she has the option to appeal she will.'
Sydney Morning Herald
an hour ago
- Sydney Morning Herald
The butcher, the fashion choice and the old job: The real red flags in Erin Patterson's claims
The judge's summary ran to 330 pages. The Australian constitution is 102 pages. The court transcript ran to 3600 pages. The Bible is about 1200 pages. There were expert witnesses aplenty, but perhaps they missed a trick by not calling a fashion guru. Patterson repeatedly testified that she suffered 'explosive diarrhoea,' yet she was filmed wearing white pants at the time. White pants for a misbehaving bottom are a red flag. Patterson was asked a million questions, but there were a couple I would have liked to have heard her answer. The beef Wellington recipe called for one large eye fillet. Patterson explained that she shopped at the Leongatha Woolworths, which only had pre-cut steaks, so she bought five double packs, making six individual Wellingtons and freezing the remaining two. Right across the road from Woolworths in McNamara Place is Leongatha Fresh Meat and Fish Supplies, where one of the friendly staff could have cut an eye fillet to size. A butcher there said she was not a regular customer, although she did visit once after the fatal lunch. 'She bought some loin chops.' Before marrying and moving to Leongatha, she was an air traffic controller. Applicants are told they need the following attributes: 'Good spatial awareness and strong mathematical skills, excellent communication skills, the ability to work well under pressure and make quick, accurate decisions, the capability to plan ahead, as well as adapt to changing situations, enjoying taking charge and being accountable for your actions and decisions.' Patterson said her decisions to lie and destroy evidence were based on panic and the belief she would wrongly be blamed for the deaths. So she could help land a Jumbo with a dead engine in the fog, but couldn't tell the truth to the cops. The jury was infected with colds – some wore masks – and at times struggled with the daily grind. Little wonder. The generally accepted psychological rule is that the average adult can concentrate for 10 to 15 minutes at a time, not 10 to 15 weeks. Professional speakers, comics, university lecturers and Bourke Street buskers know to deliver their best bits early. In December 1941, President Franklin D. Roosevelt's war declaration of 'a date which will live in infamy' took four minutes. Winston Churchill's first address to the House of Commons as prime minister, 'I have nothing to offer but blood, toil, tears and sweat', took five minutes. The Gettysburg Address lasted two minutes and was 10 sentences long. Julius Caesar was even more succinct when describing a Roman war victory. 'Veni, vidi, vici' – I came, I saw, I conquered. Clearly, he was not a lawyer, as many (who are paid by the hour) have a different view. Put a witness in the box and ask them the same question as many times as possible, until they falter. Fatigue them until they make a mistake. Prosecutors are pythons that slowly squeeze their prey into submission. Or the legal version of Muhammad Ali's rope-a-dope: letting your opponent punch themselves out before attacking. In every court case, there are mysteries; with this one, it begins with location. Why was the case shifted to Morwell, a town 150 kilometres from Melbourne, to a court that had only six media seats and required lawyers, police and witnesses to complete the 300-kilometre round trip multiple times, eating into the sitting times, with the trial regularly ending early on a Friday to allow staff to return to the city? Morwell is the sister city to Japan's Takasago, remains an important part of the power grid and has reared many favourite sons, including world champion boxer Rocky Mattioli and Hawthorn cult figure Changkuoth 'CJ' Jiath. (An interesting, if irrelevant fact: Former Hawthorn star Jarryd Roughhead was at the Leongatha tip the same day Patterson dumped her dehydrator there.) But the citizens of Morwell are not renowned for their knowledge of the production of beef Wellingtons nor the rules of jurisprudence. With such a small population, it would be easier to identify the jurors who have disappeared from their jobs for 10 weeks. Loading If we work on the fact that 12 legal staff, four police, 30 witnesses and 50 media attended the trial from Melbourne (one crew even built a stage), it works out that they have travelled 211,000 kilometres to and from the Gippsland town by road or rail, accruing about $6697.32 in toll fees. It is the equivalent of travelling from the North to South Pole more than 10 times. With about 70 interested parties staying in Morwell five nights a week, it would have been a mini winter boom for hospitality, flushing more than $10 million into the economy. If everyone chose the pub dinner option, it would add up to 3500 roasts of the day, fisherman's baskets, chicken schnitzels and mushroom risottos. If everyone had a local pale ale or two glasses of wine with their meal, that would total 1487 litres of beer and 2133 bottles of wine.
The Age
an hour ago
- The Age
The butcher, the fashion choice and the old job: The real red flags in Erin Patterson's claims
The judge's summary ran to 330 pages. The Australian constitution is 102 pages. The court transcript ran to 3600 pages. The Bible is about 1200 pages. There were expert witnesses aplenty, but perhaps they missed a trick by not calling a fashion guru. Patterson repeatedly testified that she suffered 'explosive diarrhoea,' yet she was filmed wearing white pants at the time. White pants for a misbehaving bottom are a red flag. Patterson was asked a million questions, but there were a couple I would have liked to have heard her answer. The beef Wellington recipe called for one large eye fillet. Patterson explained that she shopped at the Leongatha Woolworths, which only had pre-cut steaks, so she bought five double packs, making six individual Wellingtons and freezing the remaining two. Right across the road from Woolworths in McNamara Place is Leongatha Fresh Meat and Fish Supplies, where one of the friendly staff could have cut an eye fillet to size. A butcher there said she was not a regular customer, although she did visit once after the fatal lunch. 'She bought some loin chops.' Before marrying and moving to Leongatha, she was an air traffic controller. Applicants are told they need the following attributes: 'Good spatial awareness and strong mathematical skills, excellent communication skills, the ability to work well under pressure and make quick, accurate decisions, the capability to plan ahead, as well as adapt to changing situations, enjoying taking charge and being accountable for your actions and decisions.' Patterson said her decisions to lie and destroy evidence were based on panic and the belief she would wrongly be blamed for the deaths. So she could help land a Jumbo with a dead engine in the fog, but couldn't tell the truth to the cops. The jury was infected with colds – some wore masks – and at times struggled with the daily grind. Little wonder. The generally accepted psychological rule is that the average adult can concentrate for 10 to 15 minutes at a time, not 10 to 15 weeks. Professional speakers, comics, university lecturers and Bourke Street buskers know to deliver their best bits early. In December 1941, President Franklin D. Roosevelt's war declaration of 'a date which will live in infamy' took four minutes. Winston Churchill's first address to the House of Commons as prime minister, 'I have nothing to offer but blood, toil, tears and sweat', took five minutes. The Gettysburg Address lasted two minutes and was 10 sentences long. Julius Caesar was even more succinct when describing a Roman war victory. 'Veni, vidi, vici' – I came, I saw, I conquered. Clearly, he was not a lawyer, as many (who are paid by the hour) have a different view. Put a witness in the box and ask them the same question as many times as possible, until they falter. Fatigue them until they make a mistake. Prosecutors are pythons that slowly squeeze their prey into submission. Or the legal version of Muhammad Ali's rope-a-dope: letting your opponent punch themselves out before attacking. In every court case, there are mysteries; with this one, it begins with location. Why was the case shifted to Morwell, a town 150 kilometres from Melbourne, to a court that had only six media seats and required lawyers, police and witnesses to complete the 300-kilometre round trip multiple times, eating into the sitting times, with the trial regularly ending early on a Friday to allow staff to return to the city? Morwell is the sister city to Japan's Takasago, remains an important part of the power grid and has reared many favourite sons, including world champion boxer Rocky Mattioli and Hawthorn cult figure Changkuoth 'CJ' Jiath. (An interesting, if irrelevant fact: Former Hawthorn star Jarryd Roughhead was at the Leongatha tip the same day Patterson dumped her dehydrator there.) But the citizens of Morwell are not renowned for their knowledge of the production of beef Wellingtons nor the rules of jurisprudence. With such a small population, it would be easier to identify the jurors who have disappeared from their jobs for 10 weeks. Loading If we work on the fact that 12 legal staff, four police, 30 witnesses and 50 media attended the trial from Melbourne (one crew even built a stage), it works out that they have travelled 211,000 kilometres to and from the Gippsland town by road or rail, accruing about $6697.32 in toll fees. It is the equivalent of travelling from the North to South Pole more than 10 times. With about 70 interested parties staying in Morwell five nights a week, it would have been a mini winter boom for hospitality, flushing more than $10 million into the economy. If everyone chose the pub dinner option, it would add up to 3500 roasts of the day, fisherman's baskets, chicken schnitzels and mushroom risottos. If everyone had a local pale ale or two glasses of wine with their meal, that would total 1487 litres of beer and 2133 bottles of wine.
