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Prosecutors have submitted an appeal against mushroom killer Erin Patterson’s sentence, asserting that the judge “erred” when considering the implications of the triple murderer’s time spent in solitary confinement.
Patterson received three life sentences for the murders of Heather Wilkinson, Don Patterson, and Gail Patterson, along with a 25-year sentence for the attempted murder of Ian Wilkinson, all accompanied by a 33-year non-parole period.
Prosecutors have lodged an appeal on the basis there was an error in the sentence imposed and that it was “manifestly inadequate”.
The appeal notes, “The sentencing judge erred in determining that there was a ‘substantial chance’ the respondent would be confined to ‘solitary confinement for years to come’ as such a conclusion was not supported by the evidence, influencing his evaluation of the respondent’s potential future conditions in custody and his decision regarding a non-parole period.”
The filing also stated it was inappropriate for the judge to fix a non-parole period.
Patterson is also expected to appeal her convictions.
Erin Patterson’s appeal window was set to expire at 11.59pm today. However, during the previous Thursday’s hearing, Justice Christopher Beale highlighted a new court practice note mandating automatic approval for appeal extensions of up to 28 days.
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 legal team is required to establish specific grounds for the appeal, such as legal errors, an unsound 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
Last month, Patterson was sentenced to life in prison with a 33-year non-parole period, ensuring she will serve at least that duration in incarceration.
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.
