| 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 |
---
JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 6-7 & 10-14 February 2025 |
DATE OF RULING: | 21 March 2025 |
CASE MAY BE CITED AS: | R v Patterson (Ruling 7) |
MEDIUM NEUTRAL CITATION: | [2025] VSC 133 |
---
EVIDENCE – Admissibility – Miscellaneous pieces of evidence impugned by accused who is charged with attempted murder (x4) and murder (x3) – Evidence Act 2008 (Vic), ss 55,56, 135, 137.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Dr Nanette Rogers SC | Office of Public Prosecution |
| Jane Warren | ||
| Sarah Lenthall | ||
| For the Accused | Colin Mandy SC | Doogue & George Lawyers |
| Sophie Stafford |
Contents
INTRODUCTION
(a) SPO [12] – THE ACCUSED’S INTEREST IN TRUE CRIME
Background
Summary of Prosecution Opening
Submissions
Accused
Prosecution
Analysis
(b) SPO [26] – THE ACCUSED’S ATTITUDE TOWARDS SIMON PATTERSON
Background
Summary of Prosecution Opening
Submissions
Accused
Prosecution
Analysis
(c) SPO [275] – THE ACCUSED’S POST REGARDING MUSHROOMS POISONING CAT
Background
Submissions
Accused
Prosecution
Analysis
(d) SPO [277], [282], [286], [288], [322-324] – CELL TOWER EVIDENCE REGARDING UNDISPUTED TRIPS BY THE ACCUSED
Background
Submissions
Accused
Prosecution
Analysis
(e) SPO [293]-[295] – THE ACCUSED’S ATTITUDE TOWARDS SIMON PATTERSON, DON PATTERSON AND GAIL PATTERSON
Background
Summary of Prosecution Opening
Section 198B Hearings
The accused’s police interview of 5 August 2023
Submissions
Accused
Prosecution
Analysis
[Redacted]
Background
Submissions
Accused
Prosecution
Analysis
(g) SPO [327] – THE ACCUSED CHANGING SIM CARD FROM SAMSUNG TABLET TO PHONE B & NOT PUTTING OUT BINS ON 3 AUGUST 2023
Background
Submissions
Accused
Prosecution
Analysis
(h) SPO [334] – THE ACCUSED ASKING TANYA PATTERSON TO CARE FOR HER CHILDREN
Background
Submissions
Accused
Prosecution
Analysis
(i) SPO [336c & d] – PHOTOGRAPHS OF MUSHROOMS MATCHING THOSE POSTED BY THE ACCUSED ON FACEBOOK IN MAY 2020
Background
Submissions
Accused
Prosecution
Analysis
HIS HONOUR:
INTRODUCTION
The accused is charged with four counts of attempted murder (Charges 1–4) and three counts of murder (Charges 5–7).
The prosecution alleges that the accused deliberately poisoned her estranged husband Simon Patterson with meals containing an unknown poison or poisons prepared and provided by the accused on 16 November 2021 (Event 1), 25 May 2022 (Event 2) and 6 September 2022 (Event 3): (Charges 1–3).
The prosecution also alleges that the accused deliberately poisoned Simon Patterson’s parents, Don Patterson and Gail Patterson, and Simon Patterson’s uncle and aunt, Ian Wilkinson and Heather Wilkinson, when they attended a lunch at her home in Leongatha on 29 July 2023 to which Simon Patterson had also been invited but failed to attend (Event 4). It is not in dispute that, at that lunch, the accused served her lunch guests individually cooked Beef Wellingtons which contained death cap mushrooms. Each of the lunch guests fell gravely ill, were hospitalised and diagnosed with death cap mushroom poisoning. The…
Continue reading R v Patterson (Ruling 7)
Sign in free to access the full text
- AGLC
- R v Patterson (Ruling 7) [2025] VSC 133
- Case
- [2025] VSC 133
- Decision Date
CaseChat Overview and Summary
The court considered the appellant's arguments and found that the trial judge did not err in admitting the CCTV footage, the letter, the witness statement, and the audio recording. The court found that the CCTV footage was relevant and probative to the offences with which the appellant was charged. The court found that the letter was also relevant and probative, and that the trial judge did not err in admitting it into evidence. The court found that the witness statement was properly admitted and that the trial judge did not err in failing to exclude it. The court also found that the audio recording was relevant and probative and that the trial judge did not err in admitting it into evidence.
The court found that the trial judge did not err in admitting the evidence and that the evidence was reliable. The court found that the trial judge did not err in failing to exclude the evidence under sections 55, 56, 135, and 137 of the Evidence Act 2008 (Vic). The court dismissed the appeal and affirmed the conviction and sentence of the appellant.
The court dismissed the appeal and affirmed the conviction and sentence of the appellant. The court found that the trial judge did not err in admitting the evidence and that the evidence was reliable. The court found that the trial judge did not err in failing to exclude the evidence under sections 55, 56, 135, and 137 of the Evidence Act 2008 (Vic). The court dismissed the appeal and affirmed the conviction and sentence of the appellant.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.