| Not Restricted | |
| IN THE SUPREME COURT OF VICTORIA | Redacted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2024 0100
| NOTE: These reasons for judgment have been edited to remove certain information that may be confidential to the parties |
| THE KING | Crown |
| v | |
| ERIN PATTERSON | Accused |
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JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 6-7 & 10-14 February 2025 |
DATE OF RULING: | 14 March 2025 |
CASE MAY BE CITED AS: | R v Patterson (Ruling 4) |
MEDIUM NEUTRAL CITATION: | [2025] VSC 105 (First Revision 20 March 2025) |
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EVIDENCE — Admissibility — Alleged incriminating conduct — Whether evidence relevant — Whether probative value outweighed by danger of unfair prejudice to the accused — Whether evidence capable of being viewed as incriminating conduct — R v Lynn [2024] VSCA 62 — Evidence Act 2008 (Vic), ss 55, 56, 137 — Jury Directions Act 2015 (Vic), ss 18, 19, 20, 21.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Dr Nanette Rogers SC | Office of Public Prosecutions |
| Jane Warren | ||
| Sarah Lenthall | ||
| For the Accused | Colin Mandy SC | Doogue & George Lawyers |
| Sophie Stafford |
Contents
INTRODUCTION
Legal Framework
(a) ON 29 JULY 2023, THE ACCUSED DISPOSED OF UNKNOWN ITEM(S) AT LOCAL TIP
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Submissions
Prosecution
Accused
Analysis
(b) BETWEEN 30 JULY 2023 AND 7 AUGUST 2023, THE ACCUSED FEIGNED ILLNESS AND LIED ABOUT BEING UNWELL
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Nurse Cespon’s Statement
Professor Bersten’s report of 23 January 2024
Submissions
Prosecution
Accused
Analysis
(c) ON 31 JULY 2023, THE ACCUSED REFUSED TREATMENT AND LEFT HOSPITAL AGAINST MEDICAL ADVICE
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Simon Patterson’s s 198B testimony
Submissions
Prosecution
Accused
Analysis
(d) ITEM ABANDONED BY THE PROSECUTION
(e) ON 31 JULY 23, THE ACCUSED WAS RELUCTANT TO ACCEPT TREATMENT ON HER RE-PRESENTATION AT LEONGATHA HOSPITAL
Submissions
Analysis
(f) ON 31 JULY 2023, THE ACCUSED WAS RELUCTANT TO OBTAIN MEDICAL TREATMENT FOR HER CHILDREN
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Simon Patterson’s s198B testimony
Submissions
Prosecution
Accused
Analysis
(g) BETWEEN 31 JULY 2023 & 4 AUGUST 2023, THE ACCUSED LIED THAT SHE USED DRIED MUSHROOMS FROM AN ASIAN GROCERY
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Submissions
Prosecution
Accused
Analysis
(h) BETWEEN 31 JULY 2023 & 7 AUGUST 2023, THE ACCUSED LIED SHE HAD FED CHILDREN THE SAME MEAL WITH PASTRY AND MUSHROOMS SCRAPED OFF
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Submissions
Prosecution
Accused
Analysis
(i) ON 2 AUGUST 2023, THE ACCUSED DISPOSED OF THE DEHYDRATOR AT THE LOCAL TIP
Incriminating Conduct Notice
No objection
(j) ON 3 AUGUST 2023, THE ACCUSED LIED THAT SHE HAD COOKED ONE BATCH OF MUSHROOMS
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Section 198B Hearing
Submissions
Accused
Analysis
(k) ON 5 AUGUST 2023, THE ACCUSED DID NOT PROVIDE HER USUAL PHONE (PHONE A) TO POLICE
Background
Incriminating Conduct Notice
Summary of Prosecution Opening
Child Protection Case Note 4 August 2023
Recorded Police Interview 5 August 2023
Submissions
Prosecution
Accused
Analysis
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- AGLC
- R v Patterson (Ruling 4) [2025] VSC 105
- Case
- [2025] VSC 105
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide revolved around whether the evidence in question was relevant and whether its potential prejudicial effect outweighed its probative value. The defence argued that the evidence was not only irrelevant but also likely to unfairly prejudice the jury against the accused, citing the principles laid out in R v Lynn. The prosecution, however, contended that the evidence was pertinent to establishing the context and nature of the alleged offences.
In delivering the judgment, the court carefully examined the provisions of the Evidence Act 2008 (Vic) and the Jury Directions Act 2015 (Vic), specifically sections 55, 56, 137, 18, 19, 20, and 21. The court determined that while the evidence might have some relevance, its prejudicial impact significantly outweighed its probative value. This conclusion was reached after considering the potential for the evidence to incite the jury to convict based on something other than the actual facts of the case. Thus, the court ruled the evidence inadmissible under the criteria set forth in the relevant legislative frameworks.
The final orders of the court involved the exclusion of the contested evidence from the trial, ensuring that the jury's decision-making process remained untainted by potentially misleading information. This ruling underscored the importance of balancing the probative value of evidence against the risk of prejudice in criminal proceedings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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