Judge mistaken in using prison conditions to lighten Erin Patterson’s sentence, says DPP

THE Acting Director of Public Prosecution Diana Piekusis KC has filed a Notice of Appeal against the sentence handed down to Leongatha triple murderer Erin Patterson.

Ms Piekusis considers that an error has been made in the sentence imposed and that a different sentence should be imposed.

Grounds of appeal

1. The sentencing judge erred in finding that there was a ‘substantial chance’ the respondent would be held in ‘solitary confinement for years to come’ when such a finding was not open on the evidence, and that finding infected his assessment of the respondent’s likely future conditions in custody and his decision to fix a non-parole period.

2. The sentence imposed on the offender is manifestly inadequate, in that:

a). It was inappropriate for the sentencing judge to fix a non-parole period; or

b). The non-parole period of 33 years is manifestly inadequate.