The media spotlight is once again on the issue of prison conditions, as sentencing looms for Erin Patterson, convicted for three murders after serving a beef Wellington laced with death cap mushrooms.
The prosecution has called for a sentence of life imprisonment.
The defence has drawn attention to the harmful conditions of prison isolation, which Patterson has endured for approximately 400 days.
Supreme Court Judge Beale has said he would give “weighty consideration” to her prison conditions in determining the sentence, noting Patterson’s prison conditions do not “sound very humane”.
A principle of modern democracies where the rule of law prevails, such as Australia, is that people are sent to prison as punishment – not for punishment.
The Dame Phyllis Frost Centre
For more than a year, Patterson has been held in the Dame Phyllis Frost Centre, a maximum-security women’s prison in the western suburbs of Melbourne.
For most of this time, she has been in the Gordon Unit. This is a protected area where women are held in solitary confinement without meaningful human contact for almost the entire day.
Patterson has been locked in her cell alone for between 22 and 24 hours, and can only speak to one other inmate.
Jenny Hosking, the assistant commissioner for the sentence management division at Corrections Victoria, provided the sentencing court with details about Patterson’s custody conditions.
It was following this evidence that Justice Beale noted Patterson’s prison conditions do not “sound very humane”.
The Gordon Unit is notorious for high suicide risk. Prisoners are confined to a small space and rarely given more than an hour outside their cells.
One prisoner who was in the Gordon Unit, Ashleigh Chapman, has described being locked up for 23 to 24 hours each day. She reported water from the tap turning the sink and shower floor green.
Government documents obtained by the ABC revealed at least 106 lockdowns between July 2024 and June 2025. This included, according to one prisoner's log, a 43-hour lockdown.
Inhumane conditions
In 2017, the Victorian Ombudsman made damning findings of cruel, inhumane and degrading treatment at Dame Phyllis Frost Centre. It noted: “some practices used to maintain order in prisons pose a high risk of torture or degrading treatment if used improperly: these include the use of force and restraint, prolonged solitary confinement and strip searches.”
It recommended the Victorian government “consider options for replacing” the solitary confinement unit.
It also recommended the improvement of health services.
However, between 2020 and 2021, five women died at Dame Phyllis Frost Centre.
In 2025, the ABC reported on a cluster of suicide attempts at the Dame Phyllis Frost Centre after rolling lockdowns due to staff shortages.
Women with physical and mental health conditions have reportedly been denied medical appointments, legal appointments and family visits.
Indigenous women particularly bear the burden of poor care in prison.
One notable case involved Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Nelson, who was imprisoned having been denied bail for shoplifting-related charges. She died alone in a cell at the Dame Phyllis Frost Centre in 2020 after being denied healthcare, despite her repeated cries for assistance.
Another case involved Yamatji, Noongar, Wongi and Pitjantjatjara woman Heather Calgaret, who had been denied parole due to a lack of accommodation. She died in 2021 at the Dame Phyllis Frost Centre after being given a Buvidal injection (as part of opiate replacement therapy).
Both inquests found serious flaws in the health care women received during their time in prison.
Solitary confinement and international law
Following its visit to Australian prisons in 2022, the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment condemned the prolonged use of solitary confinement.
It recommended that: “solitary confinement is used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorisation by a competent authority.”
It urged compliance with international laws, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (also known as the Nelson Mandela Rules).
These provide for at least one hour of access to open air for exercise, clean drinking water, and a ban on prolonged solitary confinement in excess of 15 consecutive days.
An appetite for punishment?
Media stories have overwhelmingly focused on Erin Patterson’s access to a hair straightener, crochet materials, a television, a computer, books and a fan. The implication is that Patterson is on a good wicket in prison.
However, this narrative likely misrepresents the reality of prison conditions for Patterson – and for the many other women on much lesser charges who also face lockdowns and a lack of health support.
Prison conditions should comply with human rights obligations and avoid cruel, inhumane, and degrading treatment of prisoners.
When a crime affronts the moral fibre of society, such as the triple murder committed by Erin Patterson, it is common for society, the media and institutions to respond with moral outrage.
Such instincts, however, can run against the standards for civilised treatment of people in prison.
If this article has raised issues for you, or if you’re concerned about someone you know, call Lifeline on 13 11 14.
13YARN is a free and confidential 24/7 national crisis support line for Aboriginal and Torres Strait Islander people who are feeling overwhelmed or having difficulty coping. Call 13 92 76.
If you are experiencing feelings of distress or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 (UK and ROI), email jo@samaritans.org, or visit the Samaritans website to find details of your nearest branch.
If you are based in the USA, and you or someone you know needs mental health assistance right now, call or text 988, or visit http://988lifeline.org to access online chat from the 988 Suicide and Crisis Lifeline. This is a free, confidential crisis hotline that is available to everyone 24 hours a day, seven days a week.
If you are in another country, you can go to http://www.befrienders.org to find a helpline near you.
Thalia Anthony is a Professor of Law at the University of Technology Sydney.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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