September 8 is the date Erin Patterson will learn her fate – whether that be life in prison without the possibility of parole, as the prosecution has requested, or life with the possibility of the poisoner one day walking outside of jail once again.
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9.41am
TV helicopter hovers over Melbourne’s legal precinct
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Welcome to our live coverage of Erin Patterson’s pre-sentence hearing, which begins this morning and will continue into tomorrow.
I’m Erin Pearson and will be filing updates from the Supreme Court in Melbourne, where the mushroom cook killer will appear to make her plea for leniency to Justice Christopher Beale.
It’s another cold winter morning in the CBD, but anticipation is high as camera crews wait for Patterson’s prison van to arrive. A television helicopter is hovering over the city’s legal precinct, where extra security was brought in to help the van navigate the waiting press pack.
The hearing comes a month after a jury
found Patterson guilty of murdering her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson, and the attempted murder of Heather’s husband, pastor Ian Wilkinson, after feeding them a lunch laced with death cap mushrooms on July 29, 2023.
Stay tuned for more updates.
9.43am
What happens in a plea hearing
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Plea hearings, also known as pre-sentence hearings, happen after a jury finds someone guilty or when they admit their crime.
They are a chance for prosecutors to make submissions to the judge on what sentence they think is appropriate and for victims to have their say.
Defence lawyers use the hearings to tell a judge more about their client’s background, discuss things like medical history or mental health issues, which could impact their time in custody and plea for leniency.
Today’s plea hearing comes six weeks after a jury
found Patterson guilty of murdering her in-laws, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson. She was also found guilty of the attempted murder of Heather’s husband, pastor Ian Wilkinson, after feeding the group a lunch laced with death cap mushrooms on July 29, 2023.
On July 7,
after six days of deliberations, a jury of seven men and five women returned guilty verdicts over the fatal lunch at Patterson’s Leongatha home. It followed a marathon 10-week trial involving dozens of witnesses.
In finding Patterson guilty, the jury accepted the prosecution’s case that the mother of two had invited her in-laws and the Wilkinsons over that day to falsely tell them she had cancer and ask for advice on breaking the news to her kids. Patterson’s estranged husband, Simon Patterson, was invited to the lunch but declined to attend the night before.
Don and Gail Patterson and Heather Wilkinson died in the days after the beef Wellington meal from the effects of toxic mushroom poisoning. Ian Wilkinson survived after spending weeks in a coma in hospital.
Erin Patterson pleaded not guilty to all charges, claiming the deaths were a terrible accident.
9.43am
Why we are in Melbourne and not Morwell
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Erin Patterson’s trial was heard at the Latrobe Valley law courts in Morwell, about 150 kilometres south-east of Melbourne, in Gippsland.
But Monday’s plea hearing is taking place in Melbourne after Justice Christopher Beale said the Morwell courthouse was unavailable due to works.
There is a principle in Australian criminal law that local communities should be able to watch court proceedings relating to crimes allegedly committed in their area. It also suggests that an accused person should be judged by their peers.
It’s the view of the courts that allowing communities to watch the justice system at work helps to shore up public confidence in the administration of justice.
The Latrobe Valley legal precinct was the closest court building to where the fatal lunch was held that could host a Supreme Court trial.
10.01am
The scene at Melbourne’s Supreme Court
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Camera crews and snappers have just got the money shot – Erin Patterson arriving in her prison van
.
Extra security has been brought in to help the prison van navigate the waiting press.
Erin Patterson arrives at court.Credit: NewsWire
It’s freezing in Melbourne, not unlike the temperatures experienced in Morwell during her mammoth murder trial.
10.06am
More photos of Erin Patterson
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Mushroom cook Erin Patterson has arrived in Melbourne for her leniency plea after she received a triple-murder conviction last month.
Here are some of the photos that just lobbed into our system.

10.09am
Patterson and Wilkinson family members arrive
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About 50 members of the public have begun filtering into the gallery at court ahead of the expected 10.30am start time.
Many Patterson and Wilkinson family members have arrived including surviving lunch guest Ian Wilkinson and his adult children.
10.14am
What about what the jury didn’t hear?
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Since Erin Patterson was found guilty, details of
what the jury didn’t hear have been revealed for the first time.
This included details about allegations that she previously tried to kill husband Simon, along with her online research about poisonings.
Her pre-trial hearing was told that Simon was twice hospitalised for gastro-related symptoms after eating meals made by his then-wife.
This included a penne bolognese, a chicken curry and a wrap. On one occasion, he was placed in a coma for 16 days and had three parts of his bowel removed during emergency surgery.
Documents on poisons were also found on electronic devices seized by police during a search of Erin’s Leongatha home.
They included a book titled
Criminal Poisonings, from which she’d saved a single appendix – “common homicidal poisons” – onto her tablet.
She also had an article about 50 cases of red kidney bean poisoning in the UK from 1976 to 1989, and a string of Google searches for words including “poison” and “hemlock”, a highly poisonous flowering plant.
But just like bans on the jury hearing or being able to consider those things as part of their verdict, Justice Beale will also not be able to take them into account in his sentence of Patterson.
Beale can only sentence Patterson based on the case put to the jury at its highest.
10.17am
Dressed in a simple paisley top, Patterson is escorted inside the court
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Erin Patterson has arrived from prison, dressed in her paisley top and two brown jackets. She’s been escorted inside the building and into the cells at court by security.
The hearing will begin in about 10 minutes.