THE grounds for Erin Patterson’s appeal against her conviction have been released.
They reveal wide-ranging dissatisfaction with the material admitted into evidence by trial judge Justice Christopher Beale, with how Ms Patterson was cross-examined and also with the closing address by Crown Prosecutor Dr Nanette Rogers SC, in that she implied Erin Patterson had a motive for the murders.
Ms Patterson has also alleged that “a fundamental irregularity occurred while the jury were sequestered”.
No explanation has been given about these allegations however, they may relate to the fact that members of the media were staying at the 4-star Traralgon hotel, Bridges on Argyle, at the same time as the jury was considering its verdict in the case.
Here are the details of the appeal, submitted to the Registrar of Criminal Appeals by Bill Doogue, Solicitor for Ms Patterson on behalf of the applicant.
“To the Registrar of Criminal Appeals: I, Erin Patterson am convicted of the offences of murder and attempted murder, and I am a prisoner at Dame Phyllis Frost Centre. I wish to appeal to the Court of Appeal under Section 274 of the Criminal Procedure Act 2009 against my conviction (particulars of which are set out below).
“Take notice that I apply to the Court of Appeal for leave to appeal against my conviction on the grounds:
- A fundamental irregularity occurred while the jury were sequestered that has fatally undermined the integrity of the verdicts and requires the quashing of the convictions and an order for a re-trial so that justice cannot only be done but be seen to be done.
- The cell tower evidence and evidence of death cap mushroom sightings in Loch and Outtrim posted to iNaturalist should not have been adduced in the applicant’s trial as the evidence was not (i) relevant or (ii) the probative value of that evidence was outweighed by its unfair prejudice and the admission of that evidence occasioned a substantial miscarriage of justice.
- The learned trial judge erred in ruling that photos and videos related to mushrooms and found on an SD card at the applicant’s home was inadmissible during the prosecution case such that a substantial miscarriage of justice has occurred.
- The “Facebook evidence” – including the evidence from Facebook ‘friends’ and Facebook messages - should not have been adduced in the applicant’s trial as the evidence was not (i) relevant or (ii) the probative value of that evidence was outweighed by its unfair prejudice and the admission of that evidence occasioned a substantial miscarriage of justice.
- A substantial miscarriage of justice has occurred because of unfair and oppressive cross-examination of the applicant.
- The prosecutor’s closing address caused a substantial miscarriage of justice
- A substantial miscarriage of justice occurred because despite opening the case for the prosecution on the basis that there was no evidence of motive the prosecution in its closing address changed its case by implying that there was, in fact, a motive for murder.
The application is dated Monday, November 3, 2025.
It relates to Erin Patterson’s conviction on three counts of murder and one of attempted murder arising out of a family lunch of beef wellington laced with poisonous death cap mushrooms at her Leongatha home on Saturday, July 29, 2023.
As a result of eating the meal prepared by Ms Patterson, containing mushrooms she had collected, three of her in-laws died and another almost died of Amanita phalloides poisoning.
Ms Patterson was sentenced to three life terms and one of 25 years, to be served concurrently with a minimum of 33 years to serve.
The Department of Public Prosecution has lodged an appeal against the sentence on the grounds the judge erred when he considered the triple murderer's time in solitary confinement. They claim the non-parole period of 33 years was “manifestly inadequate” for a conviction on three counts of murder and one of attempted murder.
If Ms Patterson is granted leave to appeal, both applications are likely to be heard early next year.
Ms Patterson has been in custody since November 2023.
