Prosecutors in Victoria have launched an appeal against the sentence handed to Erin Patterson — the woman infamously dubbed the “Mushroom Killer” — arguing that the punishment was “manifestly inadequate” given the severity of her crimes.
Patterson, 51, was sentenced to three life terms for the murders of her former in-laws — Don and Gail Patterson, and Heather Wilkinson — who died after consuming a meal of beef Wellington laced with poisonous death cap mushrooms in July 2023. She also received a 25-year sentence for the attempted murder of Heather’s husband, Pastor Ian Wilkinson, who narrowly survived the poisoning. Under the current ruling, Patterson would be eligible for parole after serving 33 years.
The Office of Public Prosecutions (OPP) has now lodged an appeal, claiming the sentencing judge made a legal error by giving too much weight to Patterson’s time spent in isolation while awaiting trial. Prosecutors argue that this consideration led to an unduly lenient non-parole period, given the deliberate and calculated nature of the murders.
Legal experts note that such an appeal, if successful, could result in a harsher penalty or an extended period before parole eligibility. Conversely, if the appeal fails, the original sentence — life imprisonment with a minimum of 33 years — will stand.
Patterson’s legal team is also expected to file its own appeal, contesting both the convictions and the severity of the punishment.
The case has gripped Australia since its shocking details emerged. The fatal lunch, held at Patterson’s home in Leongatha, was initially described as a tragic accident. But after months of investigation, prosecutors revealed that Patterson had intentionally served the deadly mushrooms, allegedly as part of a calculated plot.
If the appeal by prosecutors is upheld, Patterson’s sentence could be increased, further delaying her earliest possible release — currently set for 2056, when she would be 81 years old.