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Victoria's Supreme Court Rejects Appeal by Convicted Mushroom Poisoner

The Court of Appeal dismissed Erin Patterson's bid to overturn her murder convictions and upheld the Director of Public Prosecutions' challenge to her non‑parole period, meaning she will remain in prison for life.

By Meesha Belrose · Published · 3 min read
File:US Navy 030316-N-4308O-015 Cdr. Erin Patterson, Medical Officer aboard USS Harry S. Truman (CVN 75), watches a 'safety stand-down video' in her office.jpg
Related file photograph: File:US Navy 030316-N-4308O-015 Cdr. Erin Patterson, Medical Officer aboard USS Harry S. Truman (CVN 75), watches a 'safety stand-down video' in her office.jpg (2003-03-16). Not a photograph of the newly reported event. Photo: U.S. Navy photo by Photographer's Mate Airman Ryan O'Connor. · Public domain View licence and source ↗
The brief

The Court of Appeal dismissed Erin Patterson's bid to overturn her murder convictions and upheld the Director of Public Prosecutions' challenge to her non‑parole period, meaning she will remain in prison for life.

The story

The Supreme Court of Victoria dismissed the appeal of Erin Patterson, a 51‑year‑old convicted of murdering her estranged husband’s parents and aunt and attempting to murder his uncle by serving death‑cap mushrooms at a family lunch in Leongatha on 28 July 2023. The three‑judge panel – Justices Stephen McLeish, Lesley Taylor and Peter Kidd – upheld the Director of Public Prosecutions’ (DPP) challenge to the 33‑year non‑parole period that had been set by Justice Christopher Beale.

Justice McLeish stated that the offence was “extraordinarily cold and calculated” and that the case involved “shocking criminality,” concluding that it was not appropriate to fix a non‑parole period. As a result, Patterson’s previous non‑parole period was set aside and no new period was imposed, meaning she will remain incarcerated for the remainder of her life.

Patterson, a mother of two, did not attend the hearing in person and instead watched the proceedings remotely from the Dame Phyllis Frost Centre women’s prison. She had previously served a life sentence after being found guilty of the murders and attempted murder, and had sought to have her convictions overturned.

A closer look

The DPP had argued that Patterson’s sentence was too lenient and that she should remain in prison without the possibility of parole. The court’s decision aligns with that position, confirming that the original life sentence stands and that the non‑parole period will not be reinstated.

The case attracted significant media attention due to the unusual method of murder involving poisonous mushrooms and the high‑profile nature of the appeal. No further legal actions were indicated in the judgment, and Patterson’s status remains that of a life‑sentenced prisoner.


Single-source report

This report presents the named publisher’s account and has not yet been independently corroborated.