The fate of Erin Patterson, who was responsible for the deaths of three people after serving them a meal laced with deadly death cap mushrooms, has finally been decided more than two years later, attracting global attention.
The 50-year-old has today been sentenced to life imprisonment, with a minimum non-parole period of 33 years, after being convicted of murdering three of her guests.
Patterson has been embroiled in legal proceedings for nearly two years. So, what lies ahead for her?
What happens next for Erin Patterson?
Patterson is now expected to spend a minimum of the next 31 years in prison, taking into account the time she has already served.
However, she still has the option to appeal either her sentence or her convictions.
She has 28 days from today to file an appeal.
Will she appeal her sentence?
Justin Quill, a partner and lawyer at Thomson Geer, told 9News that he strongly believes Patterson will almost certainly attempt to appeal either her sentence or her conviction.
I think she’s almost an unbackable favourite to appeal… She’s got money, she’s got time, and she has nothing to lose,” he said.
That said, His Honour acknowledged Ian Wilkinson’s offer of forgiveness, which came with the condition that Patterson stop lying.
I felt like His Honour was essentially telling Erin Patterson, ‘Stop the lies, don’t appeal. You’ve committed the crime, now serve the time,’” Quill added.
Since Patterson continues to maintain her innocence, an appeal appears more likely than not.
We will have to wait until October 6 to see if an appeal is formally lodged.
What happens if Erin Patterson appeals?
For Patterson to appeal her sentence or convictions, her defence team must present specific grounds for the appeal, such as legal errors, an unreasonable verdict, or a miscarriage of justice.
In essence, they must demonstrate that something went wrong during the trial process and that she was treated unfairly in order for the appeal to proceed.
If the appeal grounds are considered valid, Patterson’s case would be reviewed by judges at the Court of Appeal.
These judges have the authority to overturn sentences or convictions if they find sufficient reason to do so.
During Patterson’s trial, Justice Christopher Beale was extremely thorough in delivering his final instructions.
He almost made the trial appeal-proof,” said 9News reporter Amber Johnston.
He was exceptionally careful.
Justice Beale also factored in Patterson’s difficult circumstances in custody when determining her sentence, noting that she is housed in a high-security unit and kept in continuous solitary confinement for her own protection.
In their written submissions, the prosecution acknowledged that your prison conditions are harsher than those of mainstream inmates and are likely to remain so for the foreseeable future,” Justice Beale said.
The severe conditions you have already endured, along with the likelihood of ongoing solitary confinement, are significant and weighty considerations that must be taken into account in the sentencing process.
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