GUILTY Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 *Arrest* #18

[JBowie]

Phone A is the pink one on the bottom - as seen at the hospital

Now here:

 

[Monstradamus]

Now here:

Next to the cheap stick blender...

 

[Detechtive]

I wonder if we will get any intel into tomorrows proceedings (August 8th). I imagine the defence will ask for a bunch of different 'evaluations' to be ordered before sentencing. IMO

 

[Marg944]

 

[Elley Mae]

So so glad the evil one was found guilty. I felt she was from the day she arrived home to find all the news ppl there, the look on her face had guilt all over it to me.

Jmo

 

[Monstradamus]

Plea hearing​

If the accused person pleads guilty or is found guilty at trial, there will be a plea hearing. At this stage, the accused person is called the offender.

Victims and witnesses can attend the plea hearing

Victims, witnesses and family members can attend the plea hearing.

If victims, witnesses or family members are concerned about being in the presence of the offender, they can talk to the OPP solicitor or social worker. It may be possible to watch the plea hearing via a video link from a room away from the court.

The prosecution and defence provide information to the judge

At the plea hearing the prosecution and defence present information that they want the judge to consider when deciding on the sentence.

The prosecutor will read a summary of the offending and tell the judge about any relevant legal principles.

The defence will also present information to the judge. The defence may call people to give character evidence or psychological or medical evidence about the offender. In some cases, this can be difficult for victims and family members to hear.

Victims can make a Victim Impact Statement

Victims can tell the court in their own words about the impact of the crime on them. They can do this by making a Victim Impact Statement (VIS).

Victims have a choice about how their VIS is presented to the court:

• A victim can read their VIS aloud at the plea hearing.
• The prosecutor can read the VIS aloud at the plea hearing.
• The prosecutor can hand the VIS to the judge without reading it aloud.

The offender will be sentenced after the plea hearing

The sentencing hearing may take place on the same day as the plea hearing, or on a later date decided by the judge.

 

[Monstradamus]

Sentencing hearing​

The court, represented by the judge, decides on the sentence. The judge must decide the sentence according to law. At the sentencing hearing the judge will tell the offender what their sentence is and explain the reasons for the sentence.

Factors the judge will consider

To decide on the appropriate sentence, the judge will consider a number of factors including:

• the impact of the crime on the victim
• the nature and seriousness of the crime
• the offender’s personal circumstances such as their age, background and prospects for rehabilitation
• the offender’s past criminal history
• whether the offender pleaded guilty
• the need to deter the offender from committing further crimes
• the need to deter other people from committing similar crimes.

Types of sentences

There are different kinds of sentences in Victoria including:

• prison
• orders requiring the offender to perform community work or attend treatment or drug or alcohol counselling
• fines
• good behaviour bonds.

Some offenders may be eligible to have their case heard in the Drug and Alcohol Treatment Court and to be placed on a Drug and Alcohol Treatment Order. More information on the Drug and Alcohol Treatment Court is available below.

Pre-sentence detention

The judge will take into account any time the offender has already served in custody. This is called pre-sentence detention.

Maximum penalty

It is very rare for an offender to receive the maximum penalty.

The maximum penalty is set by Parliament and provides a reference point for the judge when sentencing. The maximum penalty represents the penalty for the most serious example of an offence committed by the most serious kind of offender.

What is a total effective sentence? What is a non-parole period?

If the judge sentences an offender to prison, in certain cases the judge will set an upper and lower limit for the prison sentence.

The lower limit is called the non-parole period. The non-parole period is the minimum amount of time that the offender must serve in prison before they may be considered eligible for parole.

If there is more than one offence, the upper limit of the sentence is called the total effective sentence.

Appealing a sentence

The offender can appeal against the sentence.

In limited cases, the DPP can also appeal against a sentence.

 

[Deleted member 363451]

In today's Daily Mail.

"Justice Beale agreed with Patterson's defence that the attempted murder allegations needed to be separated from the murder allegations in the interest of ensuring her a fair trial.

Prosecutors took the ruling all the way to the Supreme Court of Appeal, which agreed with Justice Beale's decision.

The prosecution had been determined to tell a jury Simon's illnesses had been no coincidence and set the scene for Patterson's ultimate betrayal at the lunch. "

Erin Patterson's husbands reveals her four 'poisonous' meals

Erin Patterson 's estranged husband knew his wife was dangerous long before the fateful lunch that claimed the lives of his parents and aunt.

www.dailymail.co.uk

 

[Deleted member 363451]

In today's Daily Mail.

"Justice Beale agreed with Patterson's defence that the attempted murder allegations needed to be separated from the murder allegations in the interest of ensuring her a fair trial.

Prosecutors took the ruling all the way to the Supreme Court of Appeal, which agreed with Justice Beale's decision.

The prosecution had been determined to tell a jury Simon's illnesses had been no coincidence and set the scene for Patterson's ultimate betrayal at the lunch. "

Erin Patterson's husbands reveals her four 'poisonous' meals

Erin Patterson 's estranged husband knew his wife was dangerous long before the fateful lunch that claimed the lives of his parents and aunt.

www.dailymail.co.uk

"Justice Beale's ruling and the dumping of those charges meant no-one during Patterson's murder trial could speak a word about the allegations.

It was a move that incensed Simon, who was warned by the judge not to attempt to engage with media before the trial concluded.

He is now expected to tell his version of events in interviews, books and podcasts."

 

[Deleted member 363451]

This latest article in the Daly Mail is mind blowing. I can only think that Simon gave these details to the media.

Erin Patterson's husbands reveals her four 'poisonous' meals

Erin Patterson 's estranged husband knew his wife was dangerous long before the fateful lunch that claimed the lives of his parents and aunt.

www.dailymail.co.uk

 

[MrJ]

The evidence that wasn't presented to the jury in Erin Patterson's trial

The months-long murder trial of Erin Patterson was filled with revelations, but several pieces of evidence and information were left out of the legal debate.

www.abc.net.au

 

[JennieM]

The evidence that wasn't presented to the jury in Erin Patterson's trial

The months-long murder trial of Erin Patterson was filled with revelations, but several pieces of evidence and information were left out of the legal debate.

www.abc.net.au

She went to the tip more than once (also on the day of the lunch) and:

During the trial, while the jury was out of the room, prosecutor Jane Warren told the court the post was made in 2020 by one of Erin Patterson's Facebook accounts to a page titled "Poisons Help; Emergency Identification For Mushrooms & Plants".

Ms Warren told the court the text of the post read as follows:

"My cat chewed on this mushroom just now. He is having a vomit. Was in grassland near trees, I'm in Victoria Australia."

 

[drsleuth]

Erin Patterson denied poisoning husband using toxic pasta and chicken curry

Police alleged Erin Patterson had poisoned her husband Simon several times, before she served his parents and aunt a beef Wellington lunch containing death cap mushrooms.

www.abc.net.au

Police alleged Erin Patterson used a toxic penne pasta, a chicken korma curry and a vegetable wrap to poison her husband Simon, before hosting the lunch where she served a beef Wellington containing death cap mushrooms.

Patterson pleaded not guilty and was set to also plead not guilty to other charges dating back to 2021 and 2022.

snip

Simon said he spoke to a doctor, Christopher Ford, in late 2022 and raised suspicions his wife was trying to poison him.

"He was very thoughtful," Simon testified. "He said, I suggest you don't tell too many people about that."

Around the same period, Simon removed Erin as his medical power of attorney and began tracking his meals in a spreadsheet, the court heard.

Simon said he never thought other people were at risk and believed he was his wife's only alleged target. It was why he didn't warn his parents when they decided to go to Erin's house in Leongatha on July 29, 2023.

 

[Deleted member 363451]

She went to the tip more than once (also on the day of the lunch) and:

During the trial, while the jury was out of the room, prosecutor Jane Warren told the court the post was made in 2020 by one of Erin Patterson's Facebook accounts to a page titled "Poisons Help; Emergency Identification For Mushrooms & Plants".

Ms Warren told the court the text of the post read as follows:

I hope she didn't put death caps in the cat's food.

 

[JennieM]

Erin Patterson denied poisoning husband using toxic pasta and chicken curry

Police alleged Erin Patterson had poisoned her husband Simon several times, before she served his parents and aunt a beef Wellington lunch containing death cap mushrooms.

www.abc.net.au

Police alleged Erin Patterson used a toxic penne pasta, a chicken korma curry and a vegetable wrap to poison her husband Simon, before hosting the lunch where she served a beef Wellington containing death cap mushrooms.

Patterson pleaded not guilty and was set to also plead not guilty to other charges dating back to 2021 and 2022.

snip

Simon said he spoke to a doctor, Christopher Ford, in late 2022 and raised suspicions his wife was trying to poison him.

"He was very thoughtful," Simon testified. "He said, I suggest you don't tell too many people about that."

Around the same period, Simon removed Erin as his medical power of attorney and began tracking his meals in a spreadsheet, the court heard.

Simon said he never thought other people were at risk and believed he was his wife's only alleged target. It was why he didn't warn his parents when they decided to go to Erin's house in Leongatha on July 29, 2023.

He really should had warned his parents and not allowed the lunch to take place.

 

[Deleted member 363451]

He really should had warned his parents and not allowed the lunch to take place.

Well, according to that article, his parents did have knowledge of her attempts on Simon, but they all thought that they would be safe. I wouldn’t have gone to that lunch knowing that she had previously poisoned my son on 3 occasions.

 

[Megnut]

I hope she didn't put death caps in the cat's food.

She didn't  have a cat.

The evidence that wasn't presented to the jury in Erin Patterson's trial

The months-long murder trial of Erin Patterson was filled with revelations, but several pieces of evidence and information were left out of the legal debate.

www.abc.net.au

 

[imstilla.grandma]

Jurors saw security vision of Patterson dumping the dehydrator, as well as pictures of the item in an e-waste bin and bank transactions from August 2, 2023.

The jury were only told of one trip that Erin Patterson made to the Koonwarra tip.

Evidence about the tip visit on July 29, and further items Patterson allegedly paid to dispose of on August 2, were not put before the jury.

That evidence was ruled out by the judge in the pre-trial phase, and at the time of writing, Justice Beale's pre-trial rulings had not been publicly released, meaning the decision cannot be reported on in detail.

The evidence that wasn't presented to the jury in Erin Patterson's trial

The months-long murder trial of Erin Patterson was filled with revelations, but several pieces of evidence and information were left out of the legal debate.

www.abc.net.au

 

[Marg944]

“During a hearing in the Court of Appeal on April 3 — just weeks before the trial began — Crown prosecutor Nanette Rogers revealed new information had come to light.

She said police had allegedly located an article on the rat poison Barium Carbonate on a computer seized from Patterson’s home “around the time” of Simon Patterson’s illness in September 2022.

Dr Rogers said a supplementary report was obtained from Dr Bersten, concluding Simon’s medical records were “consistent” with Barium Carbonate poisoning.”

https://www.news.com.au/national/victoria/courts-law/erin-pattersons-four-alleged-attempts-to-kill-husband-before-mushroom-lunch-revealed/news-story/fc192b375981724183918ec19bf85c84

 

[Scooby-Doo]

New details after killer mushroom cook Erin Patterson fails with legal secrecy bid​

Death cap mushroom killer Erin Patterson's bid to keep pre-trial evidence a secret until her appeal has failed after a judge found open justice is "fundamental".

The ruling means that evidence, including information about the alleged attempted poisonings of her husband, Simon Patterson, can now be reported.

Patterson, 50, wore a black top and glasses as she faced Melbourne's Supreme Court on Friday morning by video link from prison for a brief hearing.

New details after killer mushroom cook Erin Patterson fails with legal secrecy bid

www.9news.com.au