Erin Patterson, who killed three members of her estranged husband's family with a beef Wellington laced with death cap mushrooms, should never be released from prison, a prosecutor told a court.
Prosecutor argues for no parole
Patterson was sentenced to life behind bars last year after she served the fatal meal at her rural home in Leongatha, Australia, in July 2023. Her estranged husband, Simon Patterson, was invited but did not attend. His parents, Don and Gail Patterson, and Gail's sister, Heather Wilkinson, died. Heather's husband, Ian Wilkinson, spent weeks in hospital but survived.
On Wednesday, Patterson began her appeal against convictions on three counts of murder and one of attempted murder. Prosecutor Brendan Kissane told three judges at Victoria state Court of Appeal that the judgment requiring Patterson to serve 33 years of a life sentence before she can apply for parole was "manifestly inadequate". He added that if the judges did not agree with keeping her behind bars, they should impose a non-parole period longer than 33 years.
Kissane said: "That's a harsh submission to make. But… it's demanded by the nature of the offending." Few prisoners in Australia are sentenced without prospect of release on parole.
Appeal and prison conditions
The prosecutor told the court that the 51-year-old murderer would be around 82 years old before she could be considered for release under her current sentence, but he argued this was still too lenient. Patterson was not present in court on both days of her trial and instead tuned in via video link from prison.
Patterson is held at a high-security women's prison, Melbourne's Dame Phyllis Frost Centre, in the Gordon Unit, used for prisoners deemed at high risk from other inmates. During her sentencing in September 2025, trial judge Christopher Bale said there was a "substantial chance" that Patterson could be held in "solitary confinement for years to come". Despite this, Kissane argued to the appeal court that the judge's conclusion was not supported by evidence and that her prison conditions were reviewed every month.
Patterson's lawyer, Richard Edney, said she was being held in solitary confinement as defined by the United Nations – confinement for 22 hours or more a day without meaningful human contact.
Defence grounds for appeal
Patterson argued during her trial that the poisoning was an accident, but Kissane dubbed her crimes "pitiless behaviour" and "truly dreadful".
The murderer has also appealed against her convictions. Edney's first ground for appeal was an error that led to jury members being in the same hotel as a police witness and members of the prosecution team. Edney said: "This was a very serious breach of sequestration."
Another defence lawyer, Veronika Drago, said there was no evidence that Patterson had read online posts reporting that death cap mushrooms had been seen near the towns of Loch and Outtrim. The three appeal judges reserved their decision on both appeals, but it is not clear when a verdict could be reached, which could take months.
