Patterson’s 'notoriety is not going to diminish', judge says, as court adjourns
As the prosecution touches on Patterson’s custody conditions, Beale says it “doesn’t sound very humane”. He says he is confident Patterson will remain isolated for a long time.
Beale tells the court that Patterson’s “notoriety is not going to diminish”.
But Warren argues her fame will die down, noting “at some point people will lose interest”.
When asked when this could occur, Warren says she cannot estimate how long this would be. Beale says he anticipates Paterson would remain isolated for a long time.
Warren argues against Beale imposing a fixed non-parole period, saying this would be inappropriate.
Beale says he will sentence Patterson on 8 September.
The court adjourns.
Updated
Touching on the defence’s submission about Patterson having “Asperger syndrome”, Warren says it is “hearsay” and the “evidence isn’t there.”
Beale says Patterson doesn’t have “a lot of credibility”.
'Complete absence of regret or remorse'
Warren says Patterson made an “elaborate attempt to cover up her offences”.
“That is indicative of a complete absence of regret or remorse,” she says.
Warren says it also shows indifference to the victims and their families.
Beale says he read the victim impact statements over the weekend. He notes the offending has affected “four generations” of the extended Patterson and Wilkinson families.
“The word ripple. Ripple effect is often mentioned. More like a tsunami than a ripple,” he says.
Updated
Patterson had 'clearly formed intention' to kill guests before lunch
Warren says Patterson also intended to serve Simon a poisoned beef wellington if he attended the lunch.
There is evidence Patterson decided to kill all her lunch guests in the weeks before the lunch, Warren says.
She says it’s “anybody’s guess” when Paterson first formed the intention to harm her lunch guests.
But she says there is evidence that by 16 July, when she invited the guests, she had a “clearly formed intention” to “harm all of them”.
Updated
Prosecution calls for maximum penalty for murder charges
Addressing the court, prosecutor Jane Warren says Patterson has no recorded prior criminal convictions but notes a VicRoads record relating to a matter in 2004.
Beale says Patterson has no relevant criminal history. Warren agrees.
Warren says all the charges fall in the “worst category” .
She says the prosecution is calling for a maximum penalty for the murder charges. But she says it does not make the same submission for the attempted murder charge.
Judge asks about alleged ‘Asperger syndrome’
Justice Christopher Beale asks Mandy about his reference to Patterson having “Asperger syndrome” in his written submission.
Mandy says this is Patterson’s claim in the brief of evidence and was also mentioned by others in their depositions.
He tells the court Simon Patterson said that he believed Patterson had anxiety and high-functioning autism.
Mandy says:
“She does find it difficult because of that condition. Because she finds it difficult to cope with changes in routine,” he says.
Beale says it doesn’t sound like there is much change in routine for Patterson.
But Mandy says there are “minute by minute” changes, such as prisoners yelling in nearby cells, which is “never palatable”.
Updated
Defence will not argue against life sentence for ‘grave’ offences
Mandy says the defence will not argue against a life sentence for the “grave” offences.
“The ultimate issue, the dispute between parties, is whether or not a non-parole period should be fixed,” he says.
Mandy says his client facing a minimum non-parole period of 30 years means she would be 80 before she becomes eligible to apply for parole.
He says Patterson being held in isolation is a relevant sentencing factor.
“Ms Patterson will likely be held in those conditions for the foreseeable future,” he says.
Mandy says Patterson will always be at risk from other prisoners, meaning isolation will be required to manage this.
Mandy says these conditions make the “burden of imprisonment” much greater for Patterson than other prisoners.
Mandy argues that there should be a fixed non-parole period.
Updated
Mandy disputes claim Patterson has not seen prison chaplain
Mandy disputes Hosking’s evidence that his client has not used the prison’s chaplaincy service.
Hosking says she had been informed about Patterson’s lack of engagement with the chaplaincy service by prison officers but had not seen records about this.
Mandy says Patterson has used the chaplaincy service and seen the chaplain on a number of occasions.
Hosking says she cannot refute this.
Patterson has never spoken to another prisoner, Mandy says
Mandy says Patterson is not able to use the courtyard if another prisoner is using it due to her restricted conditions.
Hosking says Patterson has approval to have contact to one other prisoner.
But Mandy says she has never spoken to this prisoner.
“I can’t deny that,” Hosking says.
She says this could be due to the other prisoner not wanting to speak to Patterson.
Under questioning by Mandy, Hosking confirms the other prisoner is serving a sentence for terrorism and has attacked other prisoners.
Patterson spends 22 hours a day in cell and is separated from other prisoners
Patterson’s defence lawyer, Colin Mandy SC, is questioning Hosking.
Responding to Mandy, Hosking says the maximum time period that prisoners should remain in separation is 15 days according to UN guidelines.
Hosking says Patterson has been alone, segregated from other prisoners, in the restricted Gordon unit for 14 months.
Mandy says this is about 400 days. Hosking says she agrees with this.
Mandy says Patterson says she has only met with her prison case worker a “handful” of times.
He says Patterson spends about 22 hours a day in her cell due to lockdowns at the prison. Hosking agrees.
She says there is a small courtyard adjacent to Patterson’s cell that she had access to for up to an hour a day.
Library access limited
Hosking says due to staff shortages, there have been more lockdowns at the Dame Phyllis Frost Centre since the middle of 2024.
Consequently, Patterson’s access to some areas of the prison including the library have been limited, Hosking says.
Hiring at the prison was paused due to Covid and lower levels of prisoners, the court hears.
Hosking says she expects staff shortages to ease later in the year due to a current recruitment drive.
'A keen crocheter' who has not used chaplaincy services
Under questioning by Warren, Hosking says Patterson has not used the chaplaincy services available to her at the prison.
Hosking tells the court about Patterson’s cell:
“I understand she’s a keen crocheter. She has a lot of wool and crochet equipment within there.”
“She has her computer which she’s had for some time.”
Patterson also has crocheted blankets she has made herself, Hosking says.
“She also has a hair straightener and a fan,” she says.
Hosking says after Patterson is sentenced she will have access to the prison’s education services.
Patterson's life behind bars
Within six weeks of arriving at the Dame Phyllis Frost Centre – a maximum security women’s prison in Victoria – Patterson was moved from the Gordon unit (a restricted unit) to the Murray unit.
Hosking says the Murray unit is for prisoners requiring more supervision or protection. In March 2024, Patterson returned to the Gordon unit due to safety concerns. She later returned to the Murray unit before being transferred to the Gordon unit in June 2024.
Hosking says Patterson has engaged with forensic intervention services – rehabilitation and treatment programs within the prison – for a “period of time”.
“She is still able to access that. She has most recently … refused to engage,” she says.
Updated
The court hears Hosking has made an affidavit about Patterson’s custody conditions.
Prosecutor Jane Warren is questioning Hosking.
Hosking says when Patterson was taken into custody in 2023 she was assigned a “major offender” status due to a high volume of media attention.
Jenny Hosking, the assistant commissioner for the sentence management division at Corrections Victoria is appearing via video link.
Updated
Who has the court heard from so far?
Earlier, we heard from family members affected by the murder of Don and Gail Patterson and Heather Wilkinson. The court also heard from Ian Wilkinson, the sole surviving lunch guest.
The Victorian supreme court heard seven victim impact statements, out of a total of 28, from:
Ian Wilkinson
Ruth Dubois, Heather and Ian’s daughter
Lynette Young, Heather and Gail’s sister
Martha Patterson, Don’s mother
Colin Patterson, Don’s brother
Tim Patterson, Don’s nephew
Simon Patterson, Erin’s estranged husband
The remaining statements will not be read in court.
Lynette’s Young statement was read by prosecutor Nanette Rogers SC.
Simon Patterson, Erin’s estranged husband, had his victim impact statement read in court by Naomi Gleadow, his cousin. Gleadow also read statements from Martha, Colin and Tim.
Updated
Erin Patterson’s plea hearing has resumed in the Victorian supreme court.
Ian Wilkinson says he forgives Erin Patterson for trying to murder him but cannot offer her forgiveness for killing three other people with poisoned beef wellingtons, a Victorian court has heard.
You can read more about the victim impact statement Wilkinson delivered this morning here:
Court adjourns until 2.15pm
There are a total of 28 victim impact statements, the court hears. The remainder will not be read in court.
Justice Christopher Beale says after the break the court will hear from a Department of Corrections employee about Erin Patterson’s custody conditions.
The hearing is adjourned until 2.15pm.
Updated
Simon Patterson describes media attention as ‘dehumanising’
Simon’s statement also calls out the “deplorable” actions of some legacy media outlets.
He details having his home ambushed by the media and says his family have become fearful of strangers. He says:
The children and I have been filmed in cafes and in the street.
He describes the media attention as “dehumanising”. He says:
I doubt I’ll get used to being treated in that way.
Updated
Simon Patterson says his children 'robbed of hope' in victim statement
The final victim impact statement is from Simon Patterson, which Gleadow reads out on his behalf.
He says he misses his parents and aunt “more than words can express”.
Simon says his two children have been left without grandparents and “robbed of hope”.
He says:
Like all of us, they face the daunting challenge of trying to comprehend what [Erin] has done.
The grim reality is they live in an irreparably broken home with a solo parent when almost everybody knows their mother murdered their grandparents.”
He says these are difficult hurdles to overcome.
Despite this both children are incredibly strong, loving, intelligent … with much help they are overcoming the hurdles.
Updated
‘They deserve better than this’: Don and Gail Patterson’s nephew gives statement
Naomi Gleadow also reads a statement from Tim Patterson, the nephew of Don and Gail, to the court.
He says after their deaths he wrote an entry in his diary:
I wrote in my diary: ‘Why did God decide to end such amazing lives in such a horrific manner? They deserve better than this.’
Tim says he now finds it difficult to “comprehend this world”. He says:
I still can’t believe that Don and Gail are gone.
Tim says sometimes it seems as though “they just haven’t seen each other in a while”, as if “they’re still there in Korumburra, sitting by the fire in their cosy living room”.
Updated
Don Patterson’s younger brother says murders severed ‘core relationships’
The court hears from Colin Patterson, the younger brother of Don, whose victim impact statement is read by Gleadow.
He says the “core relationships” in his life “have been severed”.
He describes his older brother Don as a “powerful influence” on him.
Updated
Court hears statement from Don Patterson’s mother
The victim impact statement of Martha Patterson, Don’s mother, is read by Naomi Gleadow.
Martha’s statement says the whole family is broken and she feels “broken-hearted”.
She says: “May God help our family to heal after this tragedy.”
Updated
Court hears statement from sister of Gail Patterson and Heather Wilkinson
Prosecutor Nanette Rogers SC is reading a victim impact statement on behalf of Lynette Young, the sister of Gail and Heather. She says:
I’m just so angry and so sad that my people are not here to be the loving parents and grandparents that they always were.
Young says since the deaths of her two sisters she felt as if she had to be “three daughters” for their father.
Updated
Ruth Dubois says 'life feel less bright' without mother Heather Wilkinson
Ruth Dubois, the Wilkinsons’ daughter, is delivering her victim impact statement.
She says in Heather’s final moments of life she was worrying about her family:
She was more concerned about our own family, our work, our kids, than she was about her own sudden and unexpected health crisis …
I miss her daily and life feels less bright without her.
Dubois says she grew up with Don and Gail as a “constant” in her life. She says the pair cared deeply for those around them.
Dubois says it’s horrible to know that the kindness of her parents and Don and Gail were used to lure them to the fatal lunch. She says:
The world seems colder and harsher knowing this.
Updated
Erin Patterson was in tears during Wilkinson’s statement, watching on quietly throughout. Her hands sat in her lap, the fingers turning over constantly as he neared the end of his statement. When Wilkinson finished, she reached for tissues from a box in front of her in the dock, and dabbed at her eyes and nose.
Updated
Wilkinson: ‘I am no longer Erin Patterson’s victim’
Wilkinson says he is “compelled to seek justice” for the deaths of Heather, Don and Gail.
But he says for his attempted murder, he offers Patterson forgiveness. He says:
I encourage Erin to receive my offer of forgiveness for those harms done to me …
I bear her no ill will.
He says his prayer for Patterson is that she will use her time in jail “wisely”. He says:
Now I am no longer Erin Patterson’s victim and she has become the victim of my kindness.
Updated
‘I only feel half alive’ without wife Heather, Ian Wilkinson tells court
Wilkinson says a “very important member of our family is missing”.
He says:
The greatest impact on Erin’s actions on me has been to deprive me of Heather’s company and Heather’s important place in our family …
The silence in our home is a daily reminder.
I continue to carry a heavy burden of grief over her untimely death. It’s a truly horrible thought to live with that somebody could decide to take her life.
I only feel half alive without her.
At this point, Wilkinson stops to wipe tears away from his eyes and is joined at the bar table where he is standing by his daughter, Ruth Dubois.
Wilkinson says his life is also “greatly impoverished” by the deaths of Don and Gail Patterson.
Updated
Ian Wilkinson pays tribute to late wife Heather
Wilkinson is delivering his victim impact statement in court.
He begins by describing his wife, Heather, who was murdered by Patterson. He says:
She was a compassionate, intelligent, brave, witty, simply a delightful person who loved sharing life with others …
She was generous in her attitudes and with her resources. If she could help somebody, she would.
Wilkinson says Heather had a great sense of humour and it was a “joy” to be her in company.
His voice begins to crack as he says the pair shared a close marriage relationship for 44 years.
Together we faced life as a team and we delighted in each other’s company.
Wilkinson says the pair’s six children were thrown into an unprecedented situation where they had to take medical responsibility for their parents.
He says the trauma they experienced over their mother’s death and his attempted murder has left “deep wounds.”
Updated
Ian Wilkinson to deliver first victim impact statement
Justice Christopher Beale says there are seven victim impact statements.
The first victim impact statement will be from Ian Wilkinson, the sole surviving lunch guest, the court hears.
Wilkinson will read his statement in court.
Updated
Erin Patterson, appearing gaunt and drawn compared with when she appeared in court for her trial, just responded in the affirmative to four questions regarding her particulars. There are about 10 members of the Wilkinson and Patterson family in court, including Ian Wilkinson, but not Simon Patterson.
Updated
Hearing under way
Patterson’s plea hearing has begun in Victoria’s supreme court.
She will hear her victims’ loved ones give statements about how the crime has impacted them.
Updated
Welcome
Welcome to our live coverage of Erin Patterson’s plea hearing.
On 7 July, Patterson was found guilty of murdering her estranged husband’s parents, Don and Gail Patterson, and his aunt Heather Wilkinson. A Victorian supreme court jury also found Patterson guilty of attempting to murder Heather’s husband, Ian Wilkinson.
In the pre-sentencing hearing, the prosecution and defence will make arguments about factors supreme court judge Justice Christopher Beale should take into account when sentencing Patterson.
The hearing also gives loved ones of the victims a chance to tell the court how the crime has affected them.
The prosecution has flagged “a lot” of victim impact statements will be heard.
The hearing is expected to begin at 10.30am.
