D-Day looms for mushroom killer Erin Patterson as appeal judges decide her fate. It could see her walk free – or locked in jail forever
Appeal judges in Victoria are due to rule on Friday whether Erin Patterson’s convictions and sentence for the deaths caused by a mushroom lunch should stand. The decision could grant her a retrial, dismiss her appeal, or increase her sentence if the prosecution’s appeal succeeds.
Patterson, 51, was sentenced to life in prison in September 2025, with a 33-year non-parole period. Her appeal argues that jurors were unfairly housed in the same hotel as police, prosecutors and reporters while deliberating; prosecutors say there is no evidence jurors communicated with anyone, and that they had a separate floor and meals area.
In short
- Judges will rule on Patterson’s appeal on Friday.
- Her sentence includes a 33-year non-parole period.
- The appeal disputes how the jury was housed.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
A conviction should be set aside if the jury’s independence was put at risk by being housed alongside police, prosecutors and reporters during deliberations, even without proof that anyone actually contacted jurors. A retrial would protect confidence in the fairness of the process while allowing the prosecution to present its case again.
The case against
The appeal should be dismissed if the arrangements adequately protected the jury’s independence: jurors had a separate floor and meals area, and there is no evidence they communicated with others. Setting aside a conviction without evidence of interference could undermine a verdict reached through the trial process; the prosecution also argues the sentence should be increased.