The court’s decision, delivered on Friday, overturned the original sentence handed down last September by the trial judge, which had included a non-parole period of 33 years. The three-judge panel concluded that the original sentence was inadequate because it allowed for the possibility of future freedom. Justice Stephen McLeish, speaking on behalf of the panel, stated that the case involved “shocking criminality” that made it inappropriate to fix a non-parole period.
Patterson was found guilty by a jury in 2023 of serving toxic death cap mushrooms to her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, in individual portions of beef Wellington. She was also convicted of the attempted murder of Ian Wilkinson, Heather’s husband and a local pastor, who survived the poisoning after weeks in hospital but suffers from ongoing health issues. Patterson’s estranged husband, Simon Patterson, had planned to attend the meal but cancelled at the last minute, citing fears that his wife had previously attempted to poison him.
The defence team had raised seven grounds for appeal in August. They argued that a hotel booking error, which placed the jury in the same accommodation as prosecution witnesses and media personnel, was “catastrophic” and undermined trial integrity. The lawyers further contended that certain evidence, including cell tower data and social media posts, was irrelevant and prejudicial, while the trial judge wrongly excluded evidence of Patterson’s mushroom foraging hobby. They also claimed the prosecution’s cross-examination was “unfair and oppressive” and that the Crown’s arguments regarding motive were inconsistent.
The Court of Appeal dismissed all seven grounds, agreeing with the prosecution that the crimes were “extraordinarily cold and calculated” and required denunciation in the strongest terms. The ruling clarifies that the decision applies specifically to Patterson’s case and does not create a broader legal precedent for all life sentences in Victoria.
Patterson now has 28 days to decide whether to seek leave to appeal to the High Court of Australia. If she chooses to pursue this final step, the High Court will determine whether the case raises a significant question of law worthy of review. Until such a decision is made, the Court of Appeal’s order stands, confirming that Patterson is ineligible for parole and will remain in custody for the remainder of her life.
