Victoria’s Department of Public Prosecutions (DDP) will appeal against Erin Patterson’s sentence “on the basis that the sentence handed down… is manifestly inadequate”.
The decision was confirmed on October 6 by the Office of Public Prosecutions, and a DDP spokesperson revealed that the application has been filed.
After Patterson was found guilty of deliberately lacing a beef wellington with death cap mushrooms in July, she was sentenced to life in prison on September 8, with a non-parole period of 33 years.
She will be in her eighties when she is eligible to apply in 2056.
It comes four days after Erin’s own legal team was granted an extension to prepare and lodge an appeal, but they haven’t formally lodged any documents yet.
Her barrister, Richard Edney, announced the appeal during an administrative hearing in Victoria’s Supreme Court on October 2.
Initially, the deadline was October 6, which marks 28 days since she was sentenced.
Instead, Mr Edney said she requested 56 days – double the usual deadline, which was then granted by Justice Christopher Beale. It was permitted due to the workload of the defence teams.
Her in-laws, Don and Gail Patterson, 70, both died after consuming the lunch at her home in regional Victoria on July 29, 2023. They left behind four children, including Patterson’s estranged husband, Simon.
Ian Wilkinson, 71, was the sole survivor and was left in intensive care. His wife, Heather, 66, also died after the lunch. The couple shares four children.
During the hearing, Patterson appeared via video link from the Dame Phyllis Frost Centre.
Her next court date was not immediately confirmed during the hearing.
In prison, Patterson has been given a maximum security rating, spending between 22 and 24 hours per day alone in her cell. This is due to the nature of her crimes and being deemed at risk.
