Prosecution calls for life without parole for Erin Patterson in appeal bid

Prosecutors will argue it’s in the public interest for mushroom killer Erin Patterson to never be released from custody as part of their bid for a sentencing appeal.

The Director of Public Prosecutions’ reasons for fighting Patterson’s sentence have been made public after appeal documents were filed with the court on Monday.

In the notice of appeal filed with the court, Diana Piekusis, KC, acting Director of Public Prosecutions, said the judge made an error in the sentence imposed on Patterson and that a harsher one should be made.

An appeal was “in the public interest”, she said.

In the paperwork released to the media, Piekusis said the sentencing judge erred in finding that there was a “substantial chance” Patterson would be held in “solitary confinement for years to come”.

This finding, she said, “infected” the judge’s assessment of the killer’s likely future conditions in custody and his decision to fix a non-parole period.

“The sentence imposed on the offender is manifestly inadequate, in that it was inappropriate for the sentencing judge to fix a non-parole period; or the non-parole period of 33 years is manifestly inadequate,” she said in the documents.

The documents noted that on July 7, Patterson was convicted by a jury in the Supreme Court of Victoria, sitting at the Latrobe Valley.

On September 8, the 51-year-old was sentenced to life in prison with a non parole period of 33 years.

In a breakdown of each offence - three counts of murder and one of attempted murder - the director noted Patterson was sentenced to life for each of the murder charges and the maximum sentence of 25 years for attempted murder.

At the time, Patterson had already served 678 days on remand.

Patterson’s defence team is also expected to file an appeal against her conviction in coming weeks after changing barristers.

An appeal hearing date has not yet been listed.

On September 8, Supreme Court Justice Christopher Beale sentenced Patterson to a term of life, with a non-parole period of 33 years, for the murder of her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson.

The sentence also included the attempted murder of surviving lunch guest Ian Wilkinson.

Simon Patterson, the killer’s estranged husband, was also invited to lunch but cancelled the evening before.

Patterson has been in custody since her arrest by detectives from the homicide squad on November 2, 2024.