Erin Patterson sentencing live updates: Mushroom murderer sentenced to life with non-parole period of 33 years

Justice Beale says Erin Patterson’s offences fall into the worst category of murder and attempted murder.

“Having regard to the aggravating circumstances of your offending and the victim impact statements, I have no hesitation in finding that your offending falls into the worst category for the offences of murder and attempted murder,” he said.

As the case law makes clear, the fact that it is possible to imagine even worse instances of such offences does not refute that categorisation.

“The gravity of your offending warrants the imposition of the maximum penalties for your crimes.”

Justice Beale said Patterson’s “failure to exhibit any remorse pours salt into all of the victimss’ wounds”.

“The children of your direct victims speak of the distress of watching their parents suffer in hospital,” he said.

“For example, Don and Gail’s son, Matthew remarks, ‘Watching my parents suffer in hospital from severe poisoning caused shock, grief and lasting trauma’.

“Ian and Heather’s son, David, remembers his mother being, ‘Desperate for water’, which she was not allowed by medical staff.”

“I find that you disposed of the four grey plates on which you served the poisoned beef Wellingtons,” Justice Beale said.

“You falsely made out that you had fed your children leftover beef Wellingtons with the pastry and mushrooms scraped off.

“You feigned illness. You disposed of the dehydrator soon after you were released from you maintained the vague story about sourcing dried mushrooms from an Asian grocery and had the gall to tell police in the recorded police interview that you had been very, very helpful to the Health Department in its investigation of the incident.

“You disposed of your phone and provided police with a dummy phone.

“You lied to the police in your recorded police interview about various matters. Finally, and most importantly, your offending involved an enormous betrayal of trust.”

Justice Beale said he is satisfied beyond a reasonable doubt that Patterson “anticipated” that her victims “would suffer in the way that they did”.

“It is implausible that you would have selected death cap mushrooms without ascertaining how they would work upon your victims, ” he said.

“Further, the devastating impact of your crimes is not limited to your direct victims.

“Your crimes have harmed a great many people.

“In addition to denying the use of foraged mushrooms, you engaged in an elaborate cover-up of your guilt.”

Justice Beale has spoken about Erin Patterson’s “pitiless” continued intention to kill as she continued to lie to authorities.

“You showed no pity for your victims. Instead of informing those treating Pattersons and Wilkinsons that you had used foraged mushrooms, which you could have done without having to admit that you had deliberately poisoned their meals,” he said.

“You repeatedly denied foraging - insisting that the mushrooms for the beef Wellingtons were sourced solely from Woolworths and an Asian grocery.

“We will never know whether revealing the use of foraged mushrooms would have made a difference.

“But the administration of the drug psyllibin, which is a specific antidote for death cap mushroom poisoning, was not commenced on July 30, 2023, because at that stage, the evidence regarding the type of toxin was inconclusive.

“Similarly, the administration of NAC to preserve the victims’ livers from toxins was not commenced on almost midnight on July 30, 2023, for Don Patterson, and on July 31, 2023, for the others.”

Justice Beale summarised the aggravating circumstances of Patterson’s offending.

“Your offending, which resulted in the death of three people, and near death of another, involved substantial pre-meditation,” he said.

“I am satisfied by July 16, 2023, when you unusually he invited Simon, his parents, and aunt and uncle to a lunch without the children to discuss your non-existent medical issue, you did so with the intention of killing them all.”

Justice Beale has found Erin Patterson used coloured plates to ensure only her lunch guests ate a fatal beef Wellington laced with death cap mushrooms.

“I accept the evidence of Ian Wilkinson that you served your guests their meals on four grey plates, while your individual beef Wellington was on a smaller, orangey-tan coloured plate,” he said.

“The fact that Heather also commented on to Ian and Simon the next day.

“I find that you did this to ensure that you did not mistakenly consume a poisoned meal.

“I also accept the evidence of Ian Wilkinson that at the conclusion of the meal, you falsely told your guest that is you had been diagnosed with cancer, and sought their advice as to whether and how you should break the news to your children that you had a life-threatening illness.”

Justice Christopher Beale is taking Erin Patterson through evidence from the trial, confirming his findings.

Justice Beale has mentioned Patterson’s use of the website iNaturalist, and why Patterson accessed maps of death cap mushrooms in regional Victoria.

He then mentioned the images of a food dehydrator, on Patterson’s kitchen bench, with dried mushrooms in it.

“I will begin my discussion of the circumstances of the offences with the fact that you were familiar with the iNaturalist website from at least May 2022,” Justice Beale said.

Justice Beale says he will not speculate over why Patterson decided to kill her family members.

“I note that at your trial, the prosecution conceded that they could not prove motive,” he said.

“As is standard, I directed the jury that the prosecution did not have to prove motive - only the elements of the offences and that some murders occur for no apparent reason.

“The motives for such murders may only ever be known to the offenders.

“Clearly, the jury was satisfied beyond reasonable doubt that you committed the alleged offences.

“Only you know why you committed them.”

Justice Beale has spoken about the choice he must make over Erin Paterson’s future. Will he lock her up for life or allow her the opportunity to one day be part of society under parole?

“The prosecution also submits that having regard to the horrendous nature of your crimes, I should not fix a nonparole period - in other words, the prosecution submits that you should never have the opportunity of being released from prison on parole,” Justice Beale said.

“Your counsel challenged this submission, relying principally on the harsher than usual conditions of your imprisonment which both sides agree are likely to continue for the foreseeable future.

“Whether or not to fix a nonparole period is the main dispute which I have to determine.”