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Australia: Erin Patterson appeals mushroom murder conviction

Timothy Jones AFP, AP, dpa
August 19, 2026

Judges in Melbourne are considering an appeal by a woman convicted of killing three people by serving them toxic death cap mushrooms. But prosecutors have also filed an appeal calling for a harsher sentence.

 A court drawing showing a woman with long brown hair in a pink blouse
A drawing of Erin Patterson in courtImage: Paul Tyquin/AAP/IMAGO

Australian woman Erin Patterson, who was convicted last year of murdering three relatives of her estranged husband with deadly mushrooms, began a bid on Wednesday to overturn her guilty verdict.

Judges are considering both her appeal and one by her prosecutors calling for a more severe sentence at a two-day hearing.

The case filled headlines not only in Australia but around the world.

What were the so-called mushroom murders?

Patterson was convicted of having killed her former in-laws, Don and Gail Patterson, as well as Gail's sister, Heather Wilkinson, at a lunch in 2023 where she served death cap mushrooms as part of a Beef Wellington dish.

Heather's husband, Ian, survived after several weeks in hospital.

Patterson’s estranged husband, Simon Patterson,was invited to the lunch but did not attend.

Patterson said during her trial that the poisonings were an accident.

The lunch was served at Patterson's house in Leongatha in the eastern state of VictoriaImage: James Ross/AAP Image/dpa/picture alliance

 Why is Patterson appealing?

The legal team of Patterson, who was sentenced to life in prison with a non-parole period of 33 years, has presented several grounds to contest the verdict.

They include:

  • the fact that jury members were sequestered in the same hotel as a police witness and members of the prosecution team
  • an alleged lack of evidence that Patterson had read online posts with reports of death cap mushroom sightings near the towns of Loch and Outtrim
  • the claim that prosecutor Nanette Rogers’ cross-examination of Patterson over five days had been "unfair and oppressive"
  • the claim that the trial judge erred in disallowing photos and videos of mushrooms found on an SD card at Patterson's home as support for her claim that she foraged for mushrooms
Death cap mushrooms can be deadly when ingested — even in very small quantitiesImage: Hans Reinhard/Okapia/picture-alliance

On the other hand, the appeal filed by crown prosecutors argues that Patterson's sentence is "manifestly inadequate."

They had asked for life without the possibility of parole during sentencing.

What happens now in the Patterson case?

The judges are expected to reserve their decisions and present their judgments at a later date.

If the convictions are overturned, it could lead either to a retrial or to an acquittal.

If the judges rule in favor of the prosecutors' appeal, however, Patterson's non-parole period could be extended.

Patterson herself did not attend court on Wednesday and watched the hearing by video in prison.

Edited by: Zac Crellin

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Timothy Jones Writer, translator and editor with DW's online news team.
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