Erin Patterson has been sentenced to life in prison for the mushroom murders.
Justice Christopher Beale found Patterson’s crimes fell into the “worst” categories of murder and attempted murder.
On July 7, a jury found that Patterson had deliberately laced a beef Wellington lunch with death cap mushrooms.
Patterson’s 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 share four children.
Learning her fate at the Victorian Supreme Court on September 8, Patterson was handed 25 years in prison for the attempted murder of Wilkinson and three life sentences for the murders of her three other relatives.
Her full sentence is life, to be served concurrently, with a non-parole period of 33 years. She will be 81 years old when she is eligible to apply.
Patterson has already served 676 days in pre-sentence detention.
The sentencing was live-streamed on TV in a historic Victorian first. It is typically illegal for media to record inside a courtroom but permission was granted to film Justice Beale’s sentencing remarks.
The sole survivor of the deadly mushroom lunch, Wilkinson, sat in the courtroom while Patterson was sentenced.
Patterson has been given a maximum security rating and major offender status in prison. She has been deemed at “significant risk” from other prisoners due to the notoriety of her crime. She has not been deemed a danger to other prisoners herself.
During his sentencing remarks, Justice Beale ruled Patterson’s murders involved “substantial pre-meditation” and that she invited her guests to lunch with the intention of killing them all.
He argued the main consideration in her sentencing was whether Patterson would receive an opportunity for parole.
“The prosecution submits, and your counsel concedes, that your offending falls into the worst category of offending for these offences and that you should receive the maximum penalties for your crimes,” he said.
“I agree.”
He said his decision came down to four factors – the circumstances of the offence, Patterson’s circumstances, relevant sentencing law and the actual sentences.
Justice Beale said the prosecution did not submit a motive for Patterson’s actions and he would not be taking that into account.
“Only you know why you committed them, I will not be speculating about that matter,” he added.
Justice Beale also ruled Patterson caused “lasting damage” to survivor Wilkinson’s health.
“[Ian] has not fully recovered. He had reduced kidney function, ongoing respiratory issues and reduced energy,” he stated.
Justice Beale mentioned the offer made by Wilkinson of forgiveness and urged her to “embrace it in the manner he suggests”.
He also stated that Patterson’s continued denial and “failure to exhibit any remorse” only worsened the impact of her crimes.
Patterson has maintained her innocence and claimed it was a tragic accident.
Patterson has been imprisoned since November 2, 2023.
She has spent most of her time at Dame Phyllis Frost prison in Melbourne, spending around 22 to 24 hours per day in solitary confinement due to the notoriety of her crime. She was not permitted to mix with other women in the Gordon unit.
After today’s sentencing, Patterson has 28 days to apply for an appeal against her sentencing.
An appeal could be brought on the basis that the jury’s verdict was unreasonable or that the judge made an error in their instructions to the jury.
The prosecution can also lodge an appeal if it doesn’t think the sentence is long enough.
Justice Beale ruled it was “unlikely” Patterson would receive a retrial following her conviction.
Following her lengthy trial, Patterson was hit with a ban over the sale of her Leongatha home.
The $1.2million property was the scene of Patterson’s notorious beef Wellington lunch.
The Leongatha house is subject to a restraining order on its sale in case her victims’ families make a compensation claim.
This means Patterson will not be able to access, use or sell the property until any potential claims are dealt with by the court.
Wilkinson could be first in line to apply for compensation.
Patterson’s lawyers, Doogue + George, had previously taken out a mortgage on the property as surety her legal bills would be paid.
After the lengthy trial, she is expected to face a legal bill upwards of $1million.
