LEGAL counsel for Leongatha triple murderer, Erin Patterson, Richard Edney, told the Supreme Court in Melbourne last week that his client intends to appeal her conviction.
But even before Ms Patterson has been able to file her application for leave to appeal, the Director of Public Prosecutions has filed an appeal against the sentence handed down to Ms Patterson on September 8 this year with the Court of Appeal.
News that the DPP would be appealing against Ms Patterson’s sentence of three life terms, and one of 25 years, served concurrently with a minimum of 33 years to serve, broke at 5.24pm on Monday this week.
At the time of going to press neither the Notice of Appeal nor information about the grounds for appeal had been made public, however, other news services are reporting the grounds for the appeal will be that the sentence was "manifestly inadequate".
"We confirm that a DPP appeal has been filed on the basis that the sentence handed down to Erin Patterson is manifestly inadequate," a spokesperson said.
It follows a procedural hearing in the Supreme Court last Thursday, October 2, before the trial judge, Justice Christopher Beale, where the new legal counsel for Ms Patterson, applied for an extension of time to file their Leave to Appeal notice.
Justice Beale agreed to the application.
“What we have today is an application to vary [the orders] that Your Honour made in this matter on August 8, 2025,” said Mr Edney.
“Your Honour has received from my instructors an amended proposed variation to that [order] …seeking leave to appeal her conviction within 56 days of being sentenced,” he said.
Previously the orders were due to expire on the 29th day after sentencing on Monday, October 8 or extended if leave to appeal was granted.
“So, we seek that variation to the order and can indicate to Your Honour there will be an appeal against conviction,” said Mr Edney.
In response, Justice Beale acknowledged there was no objection from Crown Prosecutor Jane Warren SC and also that it was routine for such extensions of time to be granted.
“My understanding Mr Edney, is that for a trial period, applications for an extension of time to the Court of Appeal are routinely being granted if the application is for an extension of an additional 28 days. And given the length of this trial, the applicant is wanting to take advantage of that extension of time.
“All right, well I'll grant the application,” said Justice Beale after hearing from opposing counsel.
Erin Patterson appeared in court by video link from the Dame Phyllis Frost Corrections Centre where she is serving three life sentences and one of 25 years for the murders of three of her in-laws; Don and Gail Patterson and Gail’s sister Heather Wilkinson, as well as the attempted murder of Heather’s husband, Ian Wilkinson, as a result of serving them a meal of beef Wellington laced death cap mushrooms at a family lunch on Saturday, July 29, 2023.
Ms Patterson, who turned 51 years of age on September 30, will be 82 years old before she is eligible for parole after serving a minimum sentence of 33 years.