Crown and defence outline arguments ahead of mushroom murderer Erin Patterson’s sentencing
Erin Patterson’s prison isolation should be factored into her sentencing, according to the defence. The crown says the mushroom murderer must be given the harshest possible sentence.
Triple murderer Erin Patterson should be sentenced to life without parole for her “cruel and callous” crimes to ensure she dies behind bars, a prosecutor has argued.
The prosecution and defence told the court they agree that Patterson should be sentenced to a maximum sentence of life imprisonment, but disagree when it came to the minimum sentence.
Justice Christopher Beale will sentence Patterson on September 8 after considering all their arguments and the victim impact statements penned by the loved ones of the lunch guests.
THE PROSECUTION
Crown prosecutor Jane Warren argued that Patterson should be handed the harshest possible sentence and denied a non-parole period.
“Your Honour should reach the conclusion that because of the seriousness of the offences here that it would be inappropriate to fix a non-parole period,” she said.
She quoted Justice Lex Lasry, who sentenced rapist and murderer Michael Cardamone to life without parole in 2017.
“Sometimes a crime is so horrific, so cruel and so callous that a step towards mercy seems too difficult to make,” Justice Lasry wrote.
Ms Warren said the crimes committed by Patterson with lethal death cap mushrooms was also “so horrific, so cruel and so callous” that she is not deserving of mercy.
“I agree that the offending is horrendous,” Justice Beale said.
Notorious serial killer Peter Dupas is also serving life without parole, but other high-profile mass murderers in Victoria such as Bourke St driver James Gargasoulas and Robert Farquharson have been handed non-parole periods.
Justice Beale told the court he was concerned that Patterson would “for the foreseeable future” remain in the Gordon unit at Dame Phyllis Frost Centre given her notoriety was “not going to diminish”.
He said it did not sound “very humane” to be locked in a cell for at least 22 hours every day.
But Ms Warren argued that “the interest in who she is” would diminish, suggesting that there would not be many 20-year-olds who knew who Martin Bryant is.
“Did (they) make a TV series out of Martin Bryant?” Justice Beale asked.
“I feel fairly confident that she is going to remain notorious for a long, long time.”
Ms Warren told the court Patterson’s crimes involved the highest level of “planning and preparation”.
“Essentially, as high as you can get,” she said.
Ms Warren also described it as the “worst category” of offending and highlighted that Patterson has shown “no remorse”.
But Justice Beale noted that this was because “she maintains her innocence”.
Reflecting on the victim impact statements, Justice Beale said they brought home “how this has affected four generations of the extended Patterson and Wilkinson families”.
“The word ripple effect is often mentioned … more like a tsunami than a ripple,” he said.
THE DEFENCE
Defence barrister Colin Mandy SC conceded that while his client maintained her innocence, she stood to be sentenced for “very grave offending”.
But he argued that her life in prison stands to be so onerous she should be afforded a non-parole period to, hopefully, die a free woman if the Adult Parole Board granted her application.
“Plainly, when a prisoner is held in isolation … that’s a factor relevant to sentence,” he said. “The contention is that Ms Patterson will be likely held in those conditions for the foreseeable future and perhaps … for the entire length of her sentence.”
The court heard she had been transferred multiple times between the Murray protection unit and the more restrictive Gordon management unit since November 2023.
Mr Mandy said it was possible that she may never leave the Gordon unit.
Justice Beale questioned Mr Mandy about Patterson’s claim that she has Asperger’s syndrome.
“What is the evidentiary basis for this? Is it just her claim?” he asked.
Mr Mandy pointed to the statements of several people suggesting she had “anxiety and high-functioning autism”.
He said his client found it difficult in prison because of this condition.
“Changes to routine occur on a minute-by-minute basis, which are never palatable as far as the prisoner is concerned,” he said.
But the court heard there needed to be more evidence for the defence to be able to rely on this claim.
