Erin Patterson is expected to face some of her murder victims’ loved ones in a pre-sentencing hearing on Monday.
The two-day plea hearing will mark the first time Patterson has attended court in person since she was found guilty of triple murder on 7 July.
A Victorian supreme court jury convicted Patterson, 50, of murdering Don and Gail Patterson, the parents of her estranged husband, Simon, and his aunt, Heather Wilkinson. The jury also found Patterson guilty of attempting to murder Heather’s husband, Ian Wilkinson.
Patterson hosted the guests at a lunch in July 2023 where she deliberately fed them beef wellingtons laced with death cap mushrooms.
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Here’s what to expect from the two-day plea hearing that begins on Monday.
What is a plea hearing?
The plea hearing is an opportunity for the prosecution and defence to make arguments about any mitigating or aggravating factors that should be considered by the judge in determining a convicted person’s sentence.
The prosecution’s submissions will include victim impact statements which outline how the crime has affected the victims or their families. They will also make arguments about the nature of the crimes committed, including aggravating factors that they think supreme court judge Christopher Beale should take into account.
Patterson’s lawyers will present information they believe are relevant mitigating factors, which could include presenting medical or psychological reports.
Patterson’s plea hearing will occur in Melbourne rather than Morwell – where the 11-week trial was held – due to maintenance works at the regional court.
Who will we hear from?
Prosecutor Jane Warren flagged there would be “a lot” of victim impact statements, but the full list will not be made available until Monday.
Appearing at a court hearing earlier this month, Warren told Justice Beale that one of the two days set aside for the plea hearing would probably be taken up entirely by victim impact statements.
What’s next after the plea hearing?
Beale will adjourn the hearing to consider the arguments and hand down Patterson’s sentence at a later date.
Patterson then has 28 days after sentencing to lodge an appeal.
She pleaded not guilty to all charges and claimed the deaths were a tragic accident.
Could the victims be compensated?
Victims of crime can apply for financial compensation.
After Patterson’s conviction, her home in the regional Victorian town of Leongatha, where the lethal mushroom lunch was held was restrained by the court.
The court granted the confiscation application over the property on 23 July – about two weeks after the verdict.
The Victorian Office of Public Prosecutions said the confiscation application was to prevent the property being sold or otherwise dealt with.
A OPP spokesperson said it would ensure that if any family members of Patterson’s victims applied for compensation or restitution, the property would be available for any court orders.
What sentence will Erin Patterson face?
In Victoria, the maximum penalty for murder is life imprisonment without parole.
The standard sentence is 25 years’ imprisonment, according to a guide for judicial officers produced by the Sentencing Advisory Council of Victoria. Standard sentences apply to a range of serious offences and must be considered as a guidepost by the court when making a sentencing decision.
The last triple-murderer to be sentenced in Victoria was Robert Farquharson, who was convicted of murdering his children in 2007 and was sentenced to life imprisonment with a minimum term of 33 years.
