Victoria’s Director of Public Prosecutions will appeal mushroom killer Erin Patterson’s sentence on the grounds it is “manifestly inadequate”.
The Office Of Public Prosecutions Victoria today revealed it had filed an appeal against Patterson’s sentence handed down last month.
Patterson was handed three life sentences for the murders of Heather Wilkinson, Don Patterson and Gail Patterson, and 25 years for the attempted murder of Ian Wilkinson, with a 33-year non-parole period.
“We confirm that a DPP appeal has been filed on the basis that the sentence handed down to Erin Patterson is manifestly inadequate,” a spokesperson said.
Patterson is also expected to appeal her convictions.
The 51-year-old’s appeal period was due to expire at 11.59pm today, but during the hearing last Thursday, Justice Christopher Beale cited a new court practice note directing applications for appeal extensions of 28 days or fewer to be granted automatically.
Patterson’s defence had not given any indication of an intention to appeal during her sentencing last month.
To appeal her sentence or convictions, Patterson’s defence team need to provide specific grounds for the appeal, such as errors of law, an unreasonable verdict, or a miscarriage of justice.
If the appeal grounds are valid, Patterson’s case would be heard by judges in the Court of Appeal.
These judges have the ability to overturn sentences or convictions if they find grounds to.
If an appeal against a sentence is allowed, the Court of Appeal could reduce or increase the sentence.
If the Court of Appeal decides there was no legal error, the appeal will be dismissed and the original sentence will stand.
A breakdown of Patterson’s prison sentence
Patterson was last month sentenced to life in prison with a non-parole period of 33 years, meaning she will remain behind bars for at least that long.
Assuming it is not successfully appealed, Patterson’s sentence, which includes the 676 days she served in pre-sentence detention, would see her eligible for release on parole in 2056 at the age of 81.
Beale sentenced Patterson to four separate sentences, all to be served concurrently:
- For the attempted murder of Ian Wilkinson, Patterson was sentenced to 25 years in prison.
- For the murder of Heather Wilkinson, she was sentenced to life in prison.
- For the murder of Don Patterson, life in prison.
- For the murder of Gail Patterson, life in prison.
