What We Know
Erin Patterson Appeal: What We Know
Video · 3:41 · Watch on YouTube
Updated
Appeal dismissed; sentence now life without parole
On Oct. 30, 2026 the Victorian Court of Appeal dismissed Erin Patterson's appeal against her convictions and upheld the prosecution's appeal against her 33-year non-parole period, replacing it with life without parole.
Erin Patterson was convicted by a jury on July 7, 2025 of three murders and one attempted murder after a lunch at her home in Leongatha, Victoria, Australia. She was sentenced to life with a 33-year non-parole period and has always said the poisoning was an accident. The Victorian Court of Appeal heard her conviction appeal and the prosecutors' sentence appeal on Aug. 19-20, 2026 and reserved its decision. As of the date of this video, no ruling has been delivered.
What's confirmed
THE APPEALS: WHAT EACH SIDE ARGUED (arguments, not findings)
- July 29, 2023Erin Patterson serves beef Wellington at her home in Leongatha to four guests: Don and Gail Patterson, Gail's sister Heather Wilkinson, and Heather's husband, Ian Wilkinson. The meal contained death cap mushrooms. Don, Gail and Heather died; Ian survived. ABC News; NBC News; CBS News
- July 7, 2025A jury finds her guilty on all four counts: three of murder, one of attempted murder. Supreme Court of Victoria; CBS News; Al Jazeera
- Sept. 8, 2025Justice Christopher Beale sentences her to life in prison with a 33-year non-parole period, citing substantial planning and a lack of remorse. NBC News; ABC News
- Aug. 19-20, 2026Three judges (Stephen McLeish, Lesley Taylor and Peter Kidd) hear both appeals over two days and reserve their decision. Supreme Court of Victoria; ABC News; UPI
- Her conviction appeal runs on seven grounds. The biggest: that the jury was sequestered in the same hotel as the lead police witness and the prosecutors. Her barrister called that "catastrophic," while conceding there is no evidence anyone spoke to jurors. ABC News, Aug. 19, 2026
- The Crown called the argument far-fetched and said guilty verdicts were "inescapable." ABC News, Aug. 19, 2026
- The other grounds challenge evidence the jury heard, the cross-examination and the closing address. ABC News; UPI
- Prosecutors appealed the sentence. Director of Public Prosecutions Brendan Kissane told the court: "This was offending of utmost cruelty involving enormous betrayal." They say 33 years is manifestly inadequate and that the only fitting sentence is life without parole. ABC News, Aug. 20, 2026
- Her lawyers answered that the sentencing judge did everything right and that her time in custody will be spent largely in isolation. ABC News; CBS News
What we don't know
- When the Court of Appeal will rule. Its notice says judgment "will be delivered at a later date" and gives no date.
- Whether the convictions will stand, or whether the sentence will change. Only the court decides.
What happens next
- The court delivers its judgment at a date it hasn't announced. We'll update this video and its description when it does.
Chapters
- 0:00Erin Patterson appeal: what we know
- 0:15Erin Patterson appeal: the Leongatha lunch
- 0:53Erin Patterson verdict and sentence
- 1:22Erin Patterson appeal: her seven grounds
- 2:02Prosecutors' sentence appeal: what they argue
- 2:39Erin Patterson appeal: ruling still pending
Sources
- Supreme Court of Victoria, notice on the appeals Primary recordsupremecourt.vic.gov.au/news/erin-patterson-appeals-livestreamed
- ABC News, Aug. 19, 2026 (day 1) Reportingabc.net.au/news/2026-08-19/erin-patterson-appeals-mushroom-murder-conviction-day-1/107054134
- ABC News, Aug. 20, 2026 (day 2) Reportingabc.net.au/news/2026-08-20/erin-patterson-appeal-mushroom-murder-court/107059860
- UPI, Aug. 19, 2026 Reportingupi.com/Top_News/World-News/2026/08/19/australia-Erin-Patterson-appeal-begins/3221787138169/
- NBC News, sentencing Reportingnbcnews.com/world/australia/australian-woman-convicted-killing-3-poisonous-mushrooms-sentenced-rcna229719
- CBS News, verdict Reportingcbsnews.com/amp/losangeles/news/poison-mushrooms-killings-australian-woman-convicted-erin-patterson
- Al Jazeera, verdict Reportingaljazeera.com/news/2025/7/7/australian-woman-guilty-of-mushroom-murders-all-to-know
The record · as of Oct. 30, 2026
How we know
Primary records are court and agency documents; reporting is news coverage we checked against them. How we report.
What happens next
Verified timeline
- 2023-07-29Lunch at Erin Patterson's home in Leongatha, Victoria: beef Wellington containing death cap mushrooms served to four guests (her estranged husband's parents Don and Gail Patterson, Gail's sister Heather Wilkinson, and Heather's husband Ian Wilkinson). Don, Gail and Heather died; Ian survived. (Per verdict and court findings.)CBS News; NBC News; Al Jazeera; ABC explainer; UPI
- 2023-11-02Patterson was arrested and charged with three counts of murder and one of attempted murder (allegations at the time; she pleaded not guilty).RNZ/ABC; AAP; Courthouse News
- 2025-07-07Jury finds Erin Patterson guilty of the murders of Don Patterson, Gail Patterson and Heather Wilkinson and the attempted murder of Ian Wilkinson. She maintains the poisoning was accidental.CBS News; Al Jazeera; Supreme Court of Victoria notice; KSAT/AP
- 2025-09-08Justice Christopher Beale sentences Patterson to life on each murder count, 25 years for attempted murder, non-parole period of 33 years, citing substantial planning and lack of remorse; parole eligibility 2056.Supreme Court of Victoria notice; NBC News; 1News/AFP; Law Society Journal; ABC explainer
- 2026-08-19Victorian Court of Appeal (Justices Stephen McLeish, Lesley Taylor, Peter Kidd) begins hearing Patterson's conviction appeal and the DPP's sentence appeal. Defence lead ground: jurors sequestered in the same hotel as the lead police witness; defence conceded no evidence anyone communicated with jurors; Crown called it far-fetched.ABC Day 1; UPI; Supreme Court of Victoria notice; ABC explainer
- 2026-08-20Day 2: DPP Brendan Kissane KC argues 33 years is manifestly inadequate and life without parole is the only fitting sentence; defence says the sentencing judge did everything right. Decision reserved, no date given.ABC live blog Day 2; ABC Aug 20; CBS; UPI
Also in our research file
- DPP v Patterson [2025] VSC 557 sentencing remarks (AustLII) Primary recordaustlii.edu.au
- Supreme Court of Victoria: sentencing hearing video (Vimeo) Primary recordvimeo.com
- The Nightly: trial exhibits released by Victorian Supreme Court Reportingthenightly.com.au
- ABC: See the evidence used to convict Erin Patterson Reportingabc.net.au
- Canberra Times/AAP: Simon Patterson farewell, Don & Gail portrait 'Picture supplied' Reportingcanberratimes.com.au
- Latrobe Valley Express: Lunch survivor offers forgiveness (Ian Wilkinson) Reportinglatrobevalleyexpress.com.au
- Erin Patterson appeal explainer ReportingABC News
- Appeal Day 2 live blog ReportingABC News
- Patterson to serve at least 33 years Reporting1News NZ
- Patterson arrested and charged 2 Nov 2023 ReportingRNZ
- Sentenced to life with 33 years non-parole ReportingLaw Society Journal
Updates and corrections
- UPDATE (Oct. 30, 2026): Appeal dismissed; sentence now life without parole. On Oct. 30, 2026 the Victorian Court of Appeal dismissed Erin Patterson's appeal against her convictions and upheld the prosecution's appeal against her 33-year non-parole period, replacing it with life without parole. (Supreme Court of Victoria; ABC News; NBC News)
Erin Patterson was convicted by a jury and has appealed; the appeals are undecided.
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