When Erin Patterson’s sentence was handed down in September last year, a 33-year non-parole period offered the mushroom murderer a glimmer of hope that one day she might be freed.
But now the convicted killer will spend the rest of her life behind bars after her non-parole period was set aside, and her appeal was rejected by the Victorian Court of Appeals.
When delivering the verdict of her appeal, Justice Stephen McLeish ruled that Patterson’s conduct was “cold and calculated” and “characterised by an elaborate series of deceptions” – and granted the prosecution’s appeal for a harsher sentence.
“The applicant’s murderous intent dated back to the invitations to lunch, it persisted through the linch that the poison was administered,” McLeish said during the hearing.
“We have concluded that the case involved such calculated criminality that it is inappropriate to fix a non-parole period.”
Patterson’s original sentence
In September last year, Patterson, 52, was sentenced to life in prison with a non-parole period of 33-years for killing her in laws Don and Gail Patterson as well as Gail’s sister Heather Wilkinson with a deathcap mushroom-laced beef Wellington she served them at her Leongatha home in July 2023.
She was also found guilty of attempting to kill Heather’s husband Ian Wilkinson, who spent seven weeks in hospital after the lunch.
During Patterson’s trial, Wilkinson revealed he forgave Patterson for trying to kill him, but could not forgive her for the three other deaths.
“I am distressed that Erin has acted with callous and calculated disregard for my ife and the life of those I loved,” Ian told the court while delivering his victim impact statement in August 2025.
“What foolishness possesses someone to think that murder could be the solution to their problems, particularly people who only have good intentions towards her?”
What were the grounds of Patterson’s appeal?
Since Patterson was arrested in November 2023, she has always maintained her innocence – and in August this year, she officially launched her bid for freedom in the Victorian Court of Appeal.
The convicted killer’s legal team argued there were irregularities with the jury sequestration process, the prosecution conducted an “unfair” cross-examination, and the trial judge made error. They
The prosecution also appealed Patterson’s life sentence, arguing the inclusion of a non-parole period made the sentence “manifestly inadequate”.
Could Erin Patterson ever walk free?
With the Court of Appeal’s decision, Patterson will spend the rest of her life locked up in Dame Phyllis Frost Centre.
Patterson could still be released if new evidence that could exonerate her surfaces or she appeals against the Court of Appeals’ decision in the High Court.
But legal experts have told the ABC that there is an extremely high legal bar for Patterson to clear in order to have her case heard in the High Court.
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