Mass killer Erin Patterson set to appeal her convictions as families could claim compensation
Erin Patterson is set to appeal her convictions after being returned to prison, and a legal expert says the families involved could potentially claim compensation against the wealthy killer.
Mass murderer Erin Patterson is set to appeal her convictions after being returned to the prison where she could spend the rest of her life.
Patterson is being housed in a protection unit at Dame Phyllis Frost Centre in Ravenhall, west of Melbourne, where she has been in custody since her arrest in November, 2023.
The 50-year-old is one of more than 530 prisoners at the women’s jail which houses killers Judy Moran and Robyn Lindholm and pedophile Malka Leifer.
Although it remains unknown what grounds any appeal will rely upon, Patterson has 28 days to lodge an appeal from the day she is sentenced.
She is likely to argue the jury simply came to the wrong decision.
Legal experts say most appeals are lodged on the grounds the jury’s verdict was “unsafe and unsatisfactory” while she could also attempt to argue the judge gave a misdirection to the jury.
It is also possible, but unlikely, the prosecution could reinstate three attempted murder charges dropped a week before the trial began.
Patterson was accused of attempting to murder her estranged husband, Simon Patterson, on three occasions before she killed his family on July 29, 2023.
The jury was told at the outset of the trial these charges had been withdrawn.
On Monday a jury found Patterson guilty of the murders of Heather Wilkinson, 66, Gail Patterson, 70, and Don Patterson, 70, and the attempted murder of Ian Wilkinson, 71.
Mr Wilkinson was the sole survivor of the lunch and gave evidence at the trial Ms Patterson served her guests on grey plates while serving herself on a tan / orange coloured plate.
He testified she told them she had cancer after they had consumed their meals.
On Monday, Patterson was stony-faced as she was found guilty on all charges she faced and is now staring down a life sentence.
There is also scope for the Patterson and Wilkinson families to get compensation from the jailed mother of two.
The wealthy killer has received multiple inheritances and owned properties in Gibson St, Leongatha, her primary home where she held the fatal beef wellington lunch, and a unit in Mount Waverley.
Robinson Gill principal lawyer Jeremy King said the families could claim compensation by suing Patterson for “nervous shock”.
He said the families could also claim compensation from Patterson under an application under the Sentencing Act.
This course of action is likely not to be as lucrative.
“There are potentially a range of civil options available to family members, including applications under the Sentencing Act,” Mr King said.
“There are also undoubtedly family law issues here as well that will need to be dealt with.”
Mr Patterson is yet to divorce his wife who he married in 2007 before their separation in 2015.
His estranged wife, whose isolation and loneliness is said to have played a part in her offending, is facing years of the same at Ravenhall.
Sources say Patterson is in the highest degree of protection available at Dame Phyllis.
They say this is largely because of her public persona and the infamy of what she had done.
Those who have done time in a women’s prison know they can be as dangerous as jails for men.
One former inmate said authorities would not want to take any risks with the safety of such a high-profile inmate and mixing her with violent offenders was out of the question.
“If they get worked up, they’ll look for any excuse to hurt you, to intimidate you,” the source said.
The hero doctor who first alerted police to Patterson’s murder plot, said the killer had “probably already climbed the hierarchy” inside prison.
“I think anybody who messes with her is going to regret it,” he said.
“She’s not just evil, she’s intelligent.”
Hearing dates for Patterson’s plea and then sentencing are still to be determined.
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Originally published as Mass killer Erin Patterson set to appeal her convictions as families could claim compensation