The Erin Patterson appeal hearing has concluded with prosecutors seeking life without parole for the triple murderer. The Victorian Court of Appeal heard arguments from both sides regarding her convictions and sentence, with the Crown pushing for a harsher penalty while Patterson's defence challenges the original verdict.
Prosecution Arguments Against Patterson's Appeal
Crown prosecutor Jeremy McWilliams argued there was no evidence that Patterson had an innocent interest in foraging wild mushrooms, directly rebutting her claim that her actions were misunderstood. He stated that no witness at the trial supported this assertion, and that her cross-examination was both fair and thorough.
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McWilliams also dismissed concerns about prosecutor Nanette Rogers SC's closing address, insisting that none of the alleged issues constituted a substantial miscarriage of justice. He noted that Rogers explicitly told the jury the prosecution was not asserting a motive, so there was no shift in the prosecution's position during the trial.
DPP's Appeal Against Sentence
The Director of Public Prosecutions for Victoria, Brendan Kissane KC, argued that the trial judge erred in finding Patterson would face solitary confinement for years. He contended that while her conditions were restrictive, they did not meet the United Nations definition of solitary confinement.
Patterson's defence barrister, Richard Edney, rebutted this by referencing the Mandela rules, which define solitary confinement as 22 hours or more per day without meaningful human contact. He argued that Patterson's conditions fit this description and have remained unchanged for a considerable period.

Comparison of Arguments on Solitary Confinement
| Prosecution (DPP) | Defence (Patterson) |
|---|---|
| Conditions are restrictive but not solitary confinement under UN standards | Conditions meet Mandela rules threshold (22+ hours without contact) |
| Trial judge gave too much weight to solitary confinement claim | Patterson's isolation has been prolonged and unchanged |
| No error in original sentence | Sentence should be reduced due to harsh conditions |
Key Takeaways from the Hearing
- Prosecutors seek life without parole, arguing the original sentence was too lenient.
- Patterson's appeal challenges both her convictions and the trial process.
- The court will reserve judgment on both appeals, with a decision expected later.
- Solitary confinement definitions are central to the sentencing dispute.
FAQ
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