DPP reviews sentence for Erin Patterson after life term in Leongatha mushroom killings

Victoria's Director of Public Prosecutions is reviewing whether to appeal the minimum term imposed on Erin Patterson after she was sentenced to life imprisonment for the deaths of three relatives in what prosecutors described as a meticulously planned poisoning.

Patterson, 50, was sentenced last week to life behind bars with a non‑parole period of 33 years after a jury found her guilty of the murders of her in‑laws, Don and Gail Patterson, and Gail's sister, Heather Wilkinson. She was also convicted of the attempted murder of Pastor Ian Wilkinson, who survived the July 29, 2023, lunch at Patterson's home in Leongatha in which the victims consumed death‑cap mushrooms served in beef Wellingtons.

Under Victorian law, a 25‑year minimum is treated as a life sentence; the Crown had urged the court to impose life without the possibility of parole. Crown prosecutor Jane Warren told the court during sentencing submissions that the offending fell into the "worst" category and that the victims suffered a "slow and painful death." Justice Christopher Beale said Patterson had planned the lunch with the intention of killing the relatives and that her lack of remorse "pours salt into your victims' wounds." He accepted the prosecution's submission that the offending deserved the full penalty available under law.

A spokeswoman for the DPP told media that "all sentences imposed in cases prosecuted by the Director of Public Prosecutions are reviewed as a matter of course" and that "no decision has been made in Patterson yet." Both the prosecution and Patterson have 28 days from the sentencing to lodge appeals. Crown prosecutors handling the case were reported to be underwhelmed by the 33‑year non‑parole period.

Legal commentators noted the practical effect of any appeal may be limited. A leading barrister quoted by Australian outlets said the Court of Appeal would be unlikely to increase the term by only a few years and that, in his view, "there's no difference really between 33 and 35 years for the Appeal Court." At 33 years, Patterson would be about 83 years old before becoming eligible to apply for parole.

Patterson pleaded not guilty at trial. Prosecutors told jurors the deaths were the result of deliberate planning to poison the lunch guests with Amanita phalloides, commonly known as the death‑cap mushroom. Defence submissions at sentencing and trial arguments are part of court records; Justice Beale said he accepted the evidence that Patterson planned the meal with the intention of killing the three family members who died.

The case has drawn broad public interest in Australia because of the rare and lethal nature of death‑cap mushroom poisoning and the familial relationship between defendant and victims. It also raises questions about the appropriate weight for non‑parole periods in the most serious homicide cases under state law, a legal issue the DPP's review will now consider.

If the DPP decides to appeal, the matter would be heard by the Court of Appeal, which has the power to increase a non‑parole period where it finds the original sentence manifestly inadequate. Any application by Patterson would likewise be considered in that 28‑day window. For now, Justice Beale's sentence stands while the prosecution completes its internal review and any decision on whether to pursue an appeal is finalised.