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Mushroom cook killer Erin Patterson will return to court on Thursday as the deadline looms for her legal team to appeal her conviction and sentence.
A new barrister has been brought in to look at Patterson’s case, and her defence team will reveal in the Supreme Court on Thursday they will apply for an extension of time to appeal.
Erin Patterson arriving at the Supreme Court.Credit: AP
Patterson’s 28-day window to appeal ends at midnight on October 6. While prosecutors must decide before then if they wish to push for a sentence increase, a new procedural rule will give her defence team longer to lodge their paperwork.
The practice direction, introduced last month, means those needing an extension of time to launch an appeal will be granted a further 28 days without needing to explain why.
The change came after members of the legal fraternity raised concerns about difficulties completing the necessary documentation before the deadline closed.
The change, announced by the chief justice on September 17, effectively doubles the timeline to 56 days to lodge criminal appeals.
Don Patterson, Gail Patterson, Heather Wilkinson and Ian Wilkinson.
Patterson’s intent to appeal is expected to be publicly revealed in court on Thursday.
As a result of the restraining order on her $1.2 million Leongatha home, Patterson is also expected to apply for legal aid funding to foot the bill for her appeal.
The killer spent her second birthday in custody this week, turning 51 on Tuesday.
Patterson, one of Australia’s most notorious killers, will have a new barrister to lead her appeal, the third she’s used after Colin Mandy, SC, represented her at trial, and Phillip Dunn when she was charged.
Last month, Patterson was sentenced to life in jail with a non-parole period of 33 years after a jury found her guilty of murdering in-laws Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, by serving them beef Wellingtons laced with death cap mushrooms at her home in July 2024.
The jury also found her guilty of attempting to murder surviving lunch guest Ian Wilkinson, a Baptist pastor.
The killer’s estranged husband, Simon Patterson, was also invited to lunch but cancelled the evening before.
Her sentence makes her one of Victoria’s longest-serving female inmates. She will have just turned 82 before she is granted the opportunity for freedom in 2056.
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Justice Christopher Beale said at Patterson’s sentencing hearing her crimes were senseless.
“I have no hesitation in finding your offending falls into the worst category. The gravity of your offending warrants the maximum penalties for your crimes,” he said.
“[Ian Wilkinson] offered you forgiveness for what you did to him. That offer of forgiveness presents you with an opportunity. You would do well to embrace it in the manner he suggests.”
Beale resisted calls from the prosecution to jail Patterson for life with no prospect of parole, saying her case was so infamous she was likely to remain in restricted conditions in custody.
The Office of Public Prosecution has been contacted for comment on the appeal.
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