Victoria Court of Appeal rules mushroom killer Erin Patterson must never be released from prison

Erin Patterson
Erin Patterson tried to appeal against her convictions

A court has ruled that an Australian woman who murdered three people by serving them beef wellington laced with poisonous mushrooms can never be released from prison.

Erin Patterson was refused a bid to appeal against her convictions by the Court of Appeal in Melbourne, after her lawyers had reportedly argued she had suffered a miscarriage of justice.

The court dismissed her attempt and she now has until 27 November to make her case to the country’s high court.

Justice Stephen McLeish said: “This offending was extraordinarily cold and calculated and stands to be denounced in the strongest terms.

“In all the circumstances after anxious consideration, we have concluded that the case involved such shocking criminality as it is inappropriate to fix a non-parole period.”

Patterson, who appeared in court on Friday via videolink from prison, was sentenced in September 2025 to life behind bars with a minimum of 33 years.

She was found guilty in July 2025 of the murders of her parents-in-law, Don and Gail Patterson, and her aunt-in-law Heather Wilkinson, who she had invited for lunch at her home.

Her estranged husband Simon Patterson, with whom she has two children, was also invited to the meal and initially accepted but later
declined, a court heard.

A ruling reserved for the most horrific crimes

Nicole Johnston News correspondent @nicole_reporter

The attempt by Erin Patterson’s defence team to appeal her conviction for the mushroom murders has now led to her getting an even tougher sentence.

Her original life sentence came with the possibility of parole after 33 years. But now Patterson has been given life in prison with no chance of parole.

This is rare in Australia, and has only ever been used for cases of the country’s most horrific murders.

The case has gripped Australians but with the court process dragging on for so long in 2025, the latest twist caught many locals by surprise.

Many Australians were relieved last year when the trial finally ended, and the original sentence was handed down.

There was so much interest at the time that there were multiple daily podcasts about it, books written and now a movie is being made about it.

The tragic story seemed to have been made for a true crime mystery.

From the setting in the small Victorian town of Leongatha, to the death cap mushrooms and beef wellington pie, this has become one of the most notorious murder cases in Australia.

During the trial last year, Patterson spent long periods in solitary confinement leading sentencing judge Christopher Beale to take these conditions into account and grant the original parole period.

But this time Victoria’s highest court said Patterson’s crimes were “extraordinarily cold and calculating” and the intent to murder was sustained for nearly three weeks.

So no parole for Patterson and all her grounds for appeal were unsuccessful.

This leaves her with few options left. The next possible step could be an appeal to Australia’s high court.

Erin Patterson’s lawyers argued that among the grounds for appeal was that the cross-examination by prosecutor Nanette Rogers of Patterson over five days was “unfair and oppressive”.

Also, the trial judge Christopher Bale had caused “unfair prejudice” by allowing evidence from her Facebook “friends”, the defence team argued.

Patterson insisted she added death cap mushrooms to the meals accidentally.

The victims, who also included Mrs Wilkinson’s husband, Ian Wilkinson, had been invited to lunch at Patterson’s home in Leongatha, Victoria, on 29 July 2023.

Ian Wilkinson spent weeks in hospital. Pic: Reuters
Ian Wilkinson spent weeks in hospital. (Image: Reuters)

 

All four fell ill after eating the meal, which also included mashed potatoes and green beans, a court was told.

Heather Wilkinson and Gail Patterson died on Friday 4 August 2023, while Don Patterson died a day later.

Erin Patterson was also convicted of the attempted murder of Ian Wilkinson, who survived after spending weeks in hospital.

Mr Wilkinson said he was left feeling “half alive” after the ordeal.

Source:  Sky News news.sky.com

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