The Victorian Court of Appeal is scheduled to deliver its decision on Friday regarding Erin Patterson’s appeal against her convictions for three murders and one attempted murder. Patterson was convicted and sentenced last year to life imprisonment, with a non-parole period of 33 years, for the killings of Don and Gail Patterson, her estranged husband’s parents, and his aunt, Heather Wilkinson. The crimes occurred after she hosted the victims for a lunch at which the food was poisoned. Patterson was also found guilty of attempting to murder Heather’s husband, Ian Wilkinson, who survived after spending several weeks in hospital.
The court will also consider an appeal concerning the length of Patterson’s sentence. Her legal team contends that the sentencing should have reflected the severity of the offences by imposing either a life sentence without the possibility of parole or a non-parole term so extensive that she would likely remain in prison for the remainder of her life.
Patterson is not expected to be present in court for the announcement. The appeal court heard arguments in August, focusing on claims that Patterson’s trial was undermined by a “catastrophic” procedural error. Specifically, her lawyers argued that allowing jurors to stay in the same hotel as police officers and prosecution team members while deliberating compromised the integrity of the verdicts in the triple murder trial.
The court will consider multiple potential outcomes. These include refusing leave to appeal, granting leave but dismissing the appeal, granting leave and ordering a retrial, or granting leave and entering acquittals. Should the appeal be upheld resulting in a retrial or acquittal, the court would not need to address the sentencing appeal. Otherwise, if the appeal is unsuccessful or a resentencing is required, the court will proceed accordingly.
The initial trial and sentencing attracted significant attention given the nature of the crimes and the discussion around the fairness of the judicial process, particularly in light of the jury’s accommodation during deliberations. The Court of Appeal’s decision is expected to clarify whether these procedural concerns merit overturning the original convictions or altering Patterson’s sentence. The ruling will be handed down from 10 a.m. local time on Friday.
