Will she appeal?

Erin Patterson has just 28 days to launch an appeal against her conviction after a jury found her guilty on three counts of murder and one count of attempted murder in a Victorian court on Monday.

Patterson’s estranged husband Simon’s parents, Don and Gail Patterson, 70, and aunt Heather Wilkinson, 66, all died in hospital days after Patterson served them beef wellington laced with death cap mushrooms in July 2023.

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Heather’s husband Ian Wilkinson also fell seriously ill from the deadly lunch but survived.

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 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 and former homicide detective Charlie Bezzina spoke about a possible appeal from the convicted murderer.

“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.”

Both Parker and Bezzina said Patterson was looking at a significant sentence.

“We haven’t seen a case like this where there have been three people killed at the same time, in circumstances such as these, where they haven’t gotten life (in prison),” Parker said.

“The issue will be whether she gets a parole period or non-parole period.

“I think there’s a way to go with this one. She can definitely appeal out of time. The focus for her lawyers will be trying to get her the least possible sentence.”

Bezzina said life in prison would be difficult for Patterson.

“It would be quite difficult, the fact of being segregated. There is code in the prison system about attacking or causing harm to children and the elderly. So, ultimately, she’s not going to do her time easy,” Bezzina said.

“I think given the fact one murder count carries life imprisonment, I would expect the three life imprisonments, possibly with a very high parole date.

“She’ll get parole. I would be very surprised if she gets life with no parole. I think parole will be set.

“The judge will have to take into account her whole circumstances when she gives their plea material and how she will be undergoing sentence.

“It will be a difficult time for her.

“That’s a long time she will be suffering in jail. So, ultimately, we will be interested to see what the Justice comes back with.”

Patterson on the stand

Parker said while it was unusual for Erin Patterson to take the stand to give evidence, in this case it was necessary.

“Unfortunately, they (the defence) were put in a position where she had clearly lied to police during her record of interview,” Parker said.

“The only way they were going to get her version across or the version that the defence were promoting was to call her, and to put these things to her.

“But it must have been a terribly stressful situation, calling your own client is always deeply uncomfortable.

“She was in the witness box for a number of days. But unfortunately, I think that that was the only choice that they had.”

Evidence

Bezzina praised the detective work in the case.

“They had to go with their best case possible,” Bezzina said.

“This involved a lot of medical evidence, toxicology evidence, so forth and so on and witnesses also.

“You go where the evidence takes you and we have electronic evidence, we saw them bring in the dog from the Federal Police to look for electronic devices.

“We have the phones ... ultimately, very, very significant because the police know the high burden to prove a case beyond reasonable doubt.

“This was one of the massive cases, and ultimately, they’re responsible to the family and to the community of Victoria to give them answers and bring someone to justice.”

Complex case

Parker said she had previously thought the complex case could end in a hung jury.

“I don’t think I ever really formed that view (we’d get a guilty verdict) until the verdict,” Parker said.

“It was an unusual case in the sense there were lots of conflicting accounts.

“Ultimately the jury (felt) beyond reasonable doubt on the evidence collected she was guilty of murder on three counts and attempted murder on another.”