Erin Patterson, an Australian convicted of triple murder, appealed her conviction on Wednesday. She was found guilty of poisoning her estranged husband’s relatives using death cap mushrooms. The appeal is being heard by three judges from the Victoria state Court of Appeal over two days.
The case gained significant attention in Australia. Patterson was convicted in July 2023 after a nine-week trial. Prosecutors are also appealing her sentence, which they consider too lenient. Currently, Patterson is serving a life sentence with the possibility of parole after 33 years.
The incident involved a lunch at Patterson’s rural home in Leongatha. During this meal, three of her estranged husband’s relatives died after consuming beef Wellington pastries. Prosecutor Brendan Kissane argued for a harsher sentence. He believes Patterson should serve life without parole.
Defense attorney Richard Edney highlighted a jury sequestration error during the appeal. Jury members were housed in the same hotel as a police witness and prosecution members. Edney referred to this as a “serious breach.” Prosecutor Kissane disagreed, citing no evidence of contact between jurors and other individuals.
Defense lawyer Veronika Drago argued that there was no direct evidence connecting Patterson with knowledge of death cap mushrooms near Outtrim and Loch towns. Patterson’s phone connected to local towers, but Drago said this did not prove intent or awareness.
Prosecutor Jeremy McWilliams noted that Patterson could have deliberately sourced the mushrooms. Death cap mushrooms, amanita phalloides, are among the deadliest. They resemble edible varieties and taste pleasant when cooked.
Patterson’s defense team claimed that cross-examination by prosecuting attorney Nanette Rogers was “unfair and oppressive.” They also objected to the inclusion of Facebook contacts as evidence.
Simon Patterson, her estranged husband, was absent from the fatal lunch. His parents and a relative died, while another relative, Ian Wilkinson, survived after extended hospitalization. The defense argued that the incident was accidental.
The defense claimed a miscarriage of justice occurred. They pointed out discrepancies between the prosecution’s opening and closing statements regarding Patterson’s motive. Drago clarified that no misconduct was being alleged, instead, she indicated inconsistency in the prosecution’s argument.
If the appeal succeeds, Patterson’s convictions might be overturned, leading to a retrial. Patterson participated in the Wednesday hearing via video from prison.
Simon Patterson had previously accused his wife of causing his illnesses through food. Despite these accusations, no poisons were detected. Initial charges against Erin Patterson for attempted murder of her husband were dropped before the trial in April 2025.