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Patterson's failed appeal leaves few legal avenues for the mushroom killer

Read the original at ABC News (AU) ↗
Cite

Boaz, J. (2026, October 29). Patterson's failed appeal leaves few legal avenues for the mushroom killer. ABC News (AU). https://www.abc.net.au/news/2026-10-30/erin-patterson-mushroom-murder-appeal-what-next/107315286

Dated from the outlet's own feed. Check the original for its byline.

ABC News (AU) · collected 2026-10-29 · by Judd Boaz

Quick Summary

Erin Patterson’s legal bid to overturn her convictions for murdering three relatives and attempting to murder a fourth by poisoning them with death cap mushrooms has failed after the Victoria Court of Appeal dismissed her appeal in August 2023, increasing her sentence to life imprisonment without parole. Former criminal barrister Christopher Corns explains that while rare circumstances might allow for a second appeal based on new evidence, Patterson's case is unlikely to qualify. Her only remaining option could be appealing to the High Court of Australia, but such appeals are typically very difficult to succeed with strict criteria applied by the High Court.
Written by AI on 2026-10-30, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

Erin Patterson, convicted of murdering three relatives using death cap mushrooms in 2023, had her appeal dismissed by Victoria's Supreme Court on October 29, 2026. The court upheld prosecutors' challenge to her original sentence and ordered that she should never be released from prison. Judges described her actions as "extraordinarily cold and calculated." Patterson was previously sentenced to life imprisonment with a non-parole period of 33 years for the murders but is now set to spend the rest of her life in jail, barring any future legal challenges.

Written for “Erin Patterson Loses Appeal” on 2026-10-30, grounded in this article and the 22 other(s) covering the same event.

Story

📰 Erin Patterson Loses Appeal
Crime & Law · 23 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads unscored and hedges 22% of its claims. Each row says how that neighbour differs.
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Hedges 0 of 5 claims Outlet record 68/100
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Hedges 3 of 32 claims Outlet record 60/100
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Hedges 1 of 3 claims Outlet record 69/100
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Hedges 5 of 33 claims Outlet record 61/100
ABC News (AU)
Hedges 5 of 60 claims Outlet record 68/100
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Hedges 0 of 2 claims Outlet record 64/100
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Hedges 3 of 31 claims Outlet record 66/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
23
sentences that state something as happening or true
Uncertain
22%
5 of 23 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
68/100
ABC News (AU)'s corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
23
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-30 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

ABC News (AU) · 4377 article(s) · 10 correction(s) detected
Running correction rate · 10 correction(s)

Who wrote this

Judd Boaz
6 article(s) here · 1 carrying a prediction
🔮 The Court of Appeal judges said they would only grant leave to appeal for the first two, and dismissed the other five (things like the lead prosecutor being unfair with her questioning) outright.
🔮 Could Victorian courts hear another appeal?
🔮 Advocacy groups, however, warn vulnerable people could be left without vital services.
🔮 Our family, and Helen's staff, will be making no further comment at this time, and ask that their privacy be respected by the public and media.
🔮 In short: Parents have been left scrambling to find a new school for their children after a school in Melbourne's east announced it will close at the end of the year.
🔮 Lions captain Lachie Neale was slightly less animated during the procession, giving brief waves as a smattering of boos could be heard as he drove past.
2026-09-25 · assertive framing · Standing room only as AFL Grand Final parade kicks off
Also by Judd Boaz
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 6 articles by Judd Boaz →

Topics

Victoria Wellington the Court of Appeal the High Court the High Court of Australia

Subjects

Patterson PERSON · 7× Corns PERSON · 5× the Court of Appeal ORG · 4× the High Court of Australia ORG · 3× Court of Appeal ORG · 2× Erin Patterson's PERSON · 2× Victoria GPE · 2× the High Court ORG · 2× Victoria's Court of Appeal ORG · 1× Victorian Supreme Court ORG · 1×

Narrative

"It seems to me that it is most unlikely that in Erin Patterson's case that she would be able to utilise that avenue, because if there was any significant evidence it would have been turned up by now by her," he said.
framing: mixed · carried by 1 article(s) · first seen 2026-10-30
🔮 Could Victorian courts hear another appeal?

Claims (23 extracted, 5 hedged)

Victoria's Court of Appeal has rejected Erin Patterson's appeal against her convictions, leaving the 52-year-old with remaining legal options in her bid for freedom. asserted
Court → reject → freedom
Patterson was convicted last year of three counts of murder and one count of attempted murder after serving a deadly beef Wellington lunch laced with death cap mushrooms to her relatives in 2023. asserted
Patterson → convict → 2023
A Victorian Supreme Court jury found her guilty of murdering in-laws Don and Gail Patterson, along with Gail's sister, Heather Wilkinson. asserted
her → find → sister
Mrs Wilkinson's husband, Ian Wilkinson, was gravely ill following the lunch, but survived. asserted
husband → follow → lunch
The Leongatha mother has always maintained her innocence and claimed she did not know the mushrooms in the beef Wellington were poisonous. asserted
mushrooms → maintain → Wellington
In August, Patterson appealed the three life sentences handed down over the crime, but her lawyers were unsuccessful in having her conviction quashed. asserted
conviction → appeal → crime
Today, the Court of Appeal not only dismissed Patterson's appeal, but increased her sentence to life in prison without parole. asserted
Court → dismiss → parole
Could Victorian courts hear another appeal? uncertain
courts → hear → appeal
Former criminal barrister and legal researcher Christopher Corns said the Court of Appeal's decision meant there were very few options for Patterson to plead her case moving forward. asserted
Patterson → say → case
"The general principle in Victoria is that an appellant can only have one appeal, at least under the section that Patterson has used to appeal the conviction," Dr Corns said. asserted
Corns → have → conviction
"However in 2019, reforms were introduced to permit a second appeal against conviction in very rare circumstances." asserted
reforms → introduce → circumstances
He said a second appeal could only be launched in the case of "fresh and compelling" evidence coming to light that would exonerate a convicted person. uncertain
that → say → person
Dr Corns said examples could be seen in the case of Nicola Gobbo, where several of her former clients were able to go to the Court of Appeal for a second time. uncertain
several → say → time
However, Dr Corns said in this particular case, it was unlikely to be an option. asserted
it → say → case
"It seems to me that it is most unlikely that in Erin Patterson's case that she would be able to utilise that avenue, because if there was any significant evidence it would have been turned up by now by her," he said. asserted
he → seem → her
Could Patterson appeal to the High Court? uncertain
Patterson → appeal → Court
With that legal avenue unlikely, Dr Corns said Patterson's "only hope" was the High Court of Australia, which is able to overrule Victoria's Court of Appeal. asserted
which → say → Appeal
But Dr Corns warned the High Court of Australia was not simply another court where those convicted could "have a second go" at appealing. "There are very strict criteria that the High Court applies to determine which cases they will hear or not," he said. uncertain
he → warn → cases
One high-profile example is Cardinal George Pell, who in 2020 had his convictions quashed by the High Court of Australia after his appeal was first rejected by the Victorian Court of Appeal. asserted
appeal → have → Appeal
Criminal law barrister Nick Papas KC said while the case of Cardinal Pell was a strong example of such an appeal, in reality it was "generally very difficult" for those appeals to be successful. asserted
appeals → say → reality
He said there needed to be a "fundamental failure" with the way Court of Appeal judges had interpreted the law for a person to have their appeal heard. asserted
appeal → say → law
"You can't just think there was a mistake," Mr Papas said. " asserted
Papas → think → ?
It's got to be a clear-cut error that justifies an intervention over the decision of the Court of Appeal." asserted
that → get → Appeal
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