R v Patterson (Sentence) - [2025] VSC 557

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2024 0100

THE KING	Crown
v
ERIN PATTERSON	Accused

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JUDGE:	Beale J
WHERE HELD:	Melbourne
DATE OF HEARING:	25 August 2025
DATE OF SENTENCE:	8 September 2025
CASE MAY BE CITED AS:	R v Patterson (Sentence)
MEDIUM NEUTRAL CITATION:	[2025] VSC 557

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SENTENCE — A jury found the offender guilty of murder (x3) and attempted murder — Unknown motive — Offender invited her estranged husband, his parents and his aunt and uncle to lunch — Offender falsely represented that she had serious medical issues which she needed to discuss with them in the absence of her children — The night before the lunch, the husband told the offender he would not be attending — The offender served the four lunch guests Beef Wellingtons deliberately laced with death cap mushrooms — Only the husband’s uncle survived — Substantial premeditation — Pitiless conduct post offending — The deceased suffered significantly pre-mortem — Sole survivor suffered similarly and has ongoing health problems — Many indirect victims — Elaborate cover-up — Betrayal of trust — Worst category offending — No evidence of remorse — Life imprisonment appropriate — Whether to fix non-parole period — No relevant criminal history — Offender notorious — Unprecedented media attention — For her own safety, offender held in continuous solitary confinement for past 15 months — Harsher than normal prison conditions likely to continue for foreseeable future — Imprisonment significantly more burdensome for offender than for mainstream prisoners — Non-parole period of 33 years imposed — The Queen v Coulston (1997) 2 VR 446 — R v Kilic (2016) 259 CLR 256 — The Queen v Males [2007] VSCA 302 — The Queen v Olbrich (1999) 199 CLR 270 — Yat v The King [2024] VSCA 93 — Crimes Act 1958 (Vic), ss 3, 321P — Sentencing Act 1991 (Vic), ss 5, 6A–6F, 11, 11A.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Dr N Rogers SC, Ms J Warren and Ms S Lenthall	Office of Public Prosecutions
For the Accused	Mr C Mandy SC and Ms S Stafford	Doogue + George Criminal Lawyers

Contents

INTRODUCTION

No dispute that maximum sentences appropriate
Dispute regarding whether to fix non-parole period
Structure of sentencing reasons
Motive?

CIRCUMSTANCES OF OFFENCES

Chronology of key events
Summary of aggravating circumstances
Substantial premeditation
Pitiless behaviour post offending
Direct victims’ suffering
Indirect victims’ suffering
Elaborate cover-up
Betrayal of trust

Victim impact statements
Worst category offending

CIRCUMSTANCES OF OFFENDER

Personal history
No relevant criminal history
No remorse
Conditions of imprisonment
Current conditions
Likely future conditions of imprisonment

SENTENCING LAW

Purposes of sentencing
Serious violent offender
Harsher than usual conditions of imprisonment

SENTENCES

HIS HONOUR:

INTRODUCTION

Erin Patterson, after a long trial, during which you gave evidence that the poisoning of your four lunch guests on 29 July 2023 was an accident, the jury found you guilty of three counts of murder and one count of attempted murder. In other words, the jury…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Patterson (Sentence)

Details

AGLC: R v Patterson (Sentence) [2025] VSC 557
Case: [2025] VSC 557
Decision Date: 8 September 2025

CaseChat Overview and Summary

In the Supreme Court of Victoria, the offender, Patterson, was convicted of three counts of murder and one count of attempted murder. The murders were committed by Patterson who poisoned a lunch attended by her estranged husband, his parents, and his aunt and uncle. The motive for the crimes remains unknown, but the method was meticulously planned and executed. Patterson falsely claimed to have serious medical issues that necessitated a private meeting with her estranged family, ensuring the absence of her children. The night before the lunch, Patterson’s estranged husband informed her he would not attend, but she proceeded with the plan, serving the four guests Beef Wellingtons laced with death cap mushrooms. The only survivor, the husband’s uncle, suffered significant health problems as a result of the poisoning.

The court considered several legal issues, including the degree of premeditation, the pitiless conduct post-offending, the number of indirect victims, the elaborate cover-up, and the betrayal of trust. The court also examined whether there was any evidence of remorse. Given the extensive premeditation, the severity of the crimes, and the lack of remorse, the court determined that a life sentence was appropriate. The court further deliberated on the appropriate non-parole period, considering Patterson’s notorious status, the unprecedented media attention, and the necessity for her to be held in continuous solitary confinement for her safety. The harsh prison conditions, significantly more burdensome for Patterson than for mainstream prisoners, were also taken into account.

The Supreme Court of Victoria concluded that a non-parole period of 33 years was appropriate. The court referenced several precedents, including The Queen v Coulston, R v Kilic, The Queen v Males, The Queen v Olbrich, and Yat v The King, as well as relevant sections of the Crimes Act 1958 (Vic) and the Sentencing Act 1991 (Vic). The final order was that Patterson be imprisoned for life with a non-parole period of 33 years.

Orders