GUILTY Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 *Arrest* #20

Status
Not open for further replies.
  • #21

3.32pm

Autism and Asperger’s can make prison life harder: Colin Mandy​

By​

Appearing emotionless and blinking often, Erin Patterson stares at the court as her pre-sentence hearing moves into the afternoon.

Colin Mandy, SC, is now focusing on her mental health. He told the court that Patterson has been described by herself and others as having anxiety, high-functioning autism, and Asperger’s syndrome, all of which make her life in custody more challenging.

“She does find it difficult because of that condition because she finds it difficult to cope with changes in routine,” Mandy said.

Throughout the afternoon session, Patterson has remained unmoved, staring ahead at the ront of the court as her barrister speaks.
 
  • #22
yeah I have ADHD, it's why it aggravates me a little hearing the defence mention it as a potential way to get a lesser sentence. It's the defence's role but nevertheless. The thing with any diagnosis is it's an explanation for the brain being how it is, but it's not an excuse for poor behaviour. Sure I have ADHD but it's my responsibility to manage my behaviours and emotions
 
  • #23
1m ago06.37 BST
Judge asks about alleged Asperger syndrome

Justice Christopher Beale asks Mandy about his reference to Patterson having Asperger syndrome in his written submission.

Mandy says this is Patterson’s claim in the brief of evidence and was also mentioned by others in their depositions.

He tells the court Simon Patterson said that he believed Patterson had anxiety and high-functioning autism.

Mandy says:

“She does find it difficult because of that condition. Because she finds it difficult to cope with changes in routine,” he says.

Beale says it doesn’t sound like there is much change in routine for Patterson.

But Mandy says there are “minute by minute” changes, such as prisoners yelling in nearby cells, which os “never palatable”.

 
  • #24
Key Event
2m ago
More from the defence
Judd Boaz profile image
By Judd Boaz

Colin Mandy now turns his attention to the crime itself, the poisoning of beef Wellingtons by Erin Patterson.

He concedes to the court that the jury found this action was deliberate.

However, Mr Mandy argues that some other aspects argued by the Crown, such as that Simon Patterson was intended to be a guest at the deadly lunch, are still speculative.

He then turns to the toxins used, and addresses how the suffering caused by the poison may be an aggravating factor in sentencing.

But he refutes the Crown's argument that all poisons cause suffering and that his client must have known that, saying it is untrue as a matter of fact.

Mr Mandy says the defence nonetheless requests a non-parole period be enforced.


Key Event
2m ago
Prosecution asks for maximum sentence over murder
Judd Boaz profile image
By Judd Boaz

The prosecution begins its argument for Erin Patterson's sentence.

The Crown submits that the court should impose the maximum penalty for the murder charges.

However, it does not make the same argument with regards to the attempted murder charge.


 
  • #25
  • #26
Erin, there are lots of people with ASD and/or ADHD and anxiety, they don't murder people!
Boom! Bingo! & ✅
 
  • #27
1m ago06.37 BST
Judge asks about alleged Asperger syndrome

Justice Christopher Beale asks Mandy about his reference to Patterson having Asperger syndrome in his written submission.

Mandy says this is Patterson’s claim in the brief of evidence and was also mentioned by others in their depositions.

He tells the court Simon Patterson said that he believed Patterson had anxiety and high-functioning autism.

Mandy says:

“She does find it difficult because of that condition. Because she finds it difficult to cope with changes in routine,” he says.

Beale says it doesn’t sound like there is much change in routine for Patterson.

But Mandy says there are “minute by minute” changes, such as prisoners yelling in nearby cells, which os “never palatable”.

BBM : I'm sure Simon , Ian , the kids & all Erin's victims have found it extremely difficult to cope with their life changes too

:mad:
 
  • #28

3.32pm

Autism and Asperger’s can make prison life harder: Colin Mandy​

By​

Appearing emotionless and blinking often, Erin Patterson stares at the court as her pre-sentence hearing moves into the afternoon.

Colin Mandy, SC, is now focusing on her mental health. He told the court that Patterson has been described by herself and others as having anxiety, high-functioning autism, and Asperger’s syndrome, all of which make her life in custody more challenging.

“She does find it difficult because of that condition because she finds it difficult to cope with changes in routine,” Mandy said.

Throughout the afternoon session, Patterson has remained unmoved, staring ahead at the ront of the court as her barrister speaks.

Interesting, so when she told me a doctor diagnosed her with Autism/Aspergers, that was also a lie. It seems obvious by Mr Mandys statement 'she describes herself and other people describe her as having anxiety, high-functioning autism and Asperger's syndrome'.
I call BS. I think it's ASPD making excuses.

IMO.
 
  • #29
  • #30
3.40pm

Premeditation, the intention to kill and why the meal was served on different plates​

By​

Colin Mandy and Justice Christopher Beale are now discussing premeditation. This includes when Patterson first formed the intention to carry out her poison plot.

“There can be no argument that the acts were deliberate and that the intention was to kill,” Mandy said.

He stated that the defence accepted on the morning of the lunch, as she prepared the meal, she had formed the intention to harm her guests.

But Beale has asked how he should consider the earlier invitation by Patterson, on July 16, at the church service for the Pattersons and Wilkinsons to attend lunch at her house.

Mandy is arguing the prosecution contended his client, right until the day of the lunch, may have, in fact, been intending to harm her estranged husband, Simon.

Beale said he placed a lot of store in the evidence of lunch survivor Ian Wilkinson, in particular about the different coloured plates the meals were served on.

Mandy accepted that his client’s behaviour after lunch was an aggravating factor of her offending. That included her lies about being unwell and disposal of the dehydrator.

 
  • #31
Interesting, so when she told me a doctor diagnosed her with Autism/Aspergers, that was also a lie. It seems obvious by Mr Mandys statement 'she describes herself and other people describe her as having anxiety, high-functioning autism and Asperger's syndrome.
I call BS. I think it's ASPD making excuses.

IMO.
If Mandy deemed this relevant, why isn’t it accompanied by evidence? It sounds like hearsay.
 
  • #32
Actually, surely Mr Mandy would have been madly scrambling to get her diagnosed behind bars for sentence mitigation?

Can we deduce by this that she wasn't assessed as having those more palatable 'conditions'?

IMO
 
  • #33
58 minutes ago
Pinned
Highlight

Crochet needles, hair straightener: inside Patterson's prison cell​


A corrective services official has shed light on the circumstances in which Erin Patterson is being held in the Dame Phyllis Frost prison in northwest Melbourne.

Jennifer Hosking told the Victorian Supreme Court that Patterson had spent the majority of her time in the Gordon Unit, which was reserved for people “who need protection or closer supervision from the main population of the prison”.

Ms Hosking said Patterson had been kept in the Gordon Unit – which allows a minimum of one hour outside a day – for her own safety due to the intense attention on her case.

Patterson has a television in her room, and keeps personal items with her, including a hair straightener and books, Ms Hosking said.


“I understand she has she is a keen crocheter; she has a lot of wool and crochet equipment in there. She has her computer in there, which she’s had for some time,” Ms Hosking said. “She has her own pillows, she has a number of crochet blankets she’s made herself.”

Meals are provided to Patterson through a trapdoor, Ms Hosking said. Patterson had not been able to access education services on remand, she said, but would be able to once sentenced.

Ms Hosking said Patterson was allowed access to a chaplain, but she had not engaged with the service. When Patterson’s barrister Colin Mandy SC refuted this and claimed she had accessed the service multiple times, Ms Hosking said she had not seen the records herself.

She said Patterson had spent some time in the Murray Protection Unit while in prison. The Murray unit, Ms Hosking said, had a “greater level of movement” to the Gordon Unit, but the prison believed it “sensible” to keep her under tighter conditions.

Ms Hosking accepted it was likely Patterson spent about 22 hours a day in her cell.

46 minutes ago

Patterson 'allowed to socialise with terrorist'​

Erin Patterson is allowed to socialise through a mesh fence with one other inmate while in prison, a corrective services official says.

Jennifer Hosking told the court that Patterson’s cell was attached to a small courtyard (1.5m x 2m x 1.5m) in which she could speak with the other inmate.

“They can communicate from there through a mesh fence,” she said. “There is no physical contact but there is the ability to communicate and talk.”

Under questioning from Patterson’s silk, Colin Mandy SC, Ms Hosking accepted the other inmate was a woman who had been in the unit for a few years, and was serving a sentence for terrorism offences.


“They have attacked other prisoners while they have been in custody. Is that correct?” Mr Mandy asked.

Ms Hosking replied: “That’s correct”.

Mr Mandy suggested that Patterson had never met with the other inmate. Ms Hosking said Patterson had approval to socialise with the other inmate, and if she had not “that could be a range of reasons”.

“It could be the other person or her not wishing to have that conversation,” she said.

 
  • #34
Actually, surely Mr Mandy would have been madly scrambling to get her diagnosed behind bars for sentence mitigation?

Can we deduce by this that she wasn't assessed as having those more palatable 'conditions'?

IMO
My bet is, Erin refused to be assessed ?
 
  • #35
If Mandy deemed this relevant, why isn’t it accompanied by evidence? It sounds like hearsay.
That's the point - It is clear she has not been diagnosed. IMO
 
  • #36
3.44pm

Erin Patterson”s ‘egregious’ planning now make her a ‘serious offender’​

With no prior criminal history, Erin Patterson now faces sentencing as a “serious offender,” according to prosecutor Jane Warren.

Warren told the court that Patterson’s crimes fall into the “worst category,” citing four aggravating features.

Central to the prosecution’s argument is the level of planning involved. “It’s the level of premeditation that is important here and is so egregious in respect of this case,” Warren said, underscoring the deliberate nature of Patterson’s actions.

 
  • #37
Key Event
1m ago
Prosecution argues about Patterson's pre-meditated intent
Judd Boaz profile image
By Judd Boaz

Prosecutor Jane Warren and Justice Christopher Beale recap much of the evidence we heard over the weeks-long murder trial, including mobile phone data, the dehydrator and death cap mushroom locations.

The prosecution argues about the significance of Patterson buying a dehydrator so soon after possible visits to Loch and Outtrim, where death cap mushrooms were seen growing.

Ms Warren also notes the April 2023 photographs found on Patterson's devices of dehydrated mushrooms consistent with death caps.

She argues that this shows a pre-meditated intent to kill someone as early as April.

Ms Warren says the Crown does not go as far as to say she had decided to kill the lunch guests at this point, and argues she decided on this later.



 
  • #38
If Mandy deemed this relevant, why isn’t it accompanied by evidence? It sounds like hearsay.
Because he's trying to sneak one past the keeper.

If he actually got her assessed and she didn't have anything diagnosable or was diagnosed something cluster B-ish, then it would be a total own goal.

But relying on armchair diagnosis hearsay, if the judge accepted it rather than questioned it, as he has, then it would potentially mitigate.

MOO
 
  • #39
12 minutes ago

Defence calls for non-parole period to be set
Mr Mandy then addressed the prosecution’s submissions and the factual findings that the prosecution says Justice Beale can reach when sentencing his client.
“We accept the evidence … that at the time of the preparing of the meal … that the relevant intention (to kill) existed,” he said.
But he said a number of “disputed acts” – for example, when the death caps were sourced, where they were sourced and with what intention they were sourced – were in the “realm of speculation”.
He reminded Justice Beale that it was prosecution’s argument that Erin’s intention was to cause harm to her estranged husband.
But he said it was merely one explanation, but there were a number of others.
He added that it was accepted by the defence that the incriminating conduct – for example, lying about being unwell and dumping the dehydrator – was capable of aggravating the offending.
“We urge the court to impose a non-parole period,” he concluded.

 
  • #40
Key Event
Just now
Erin Patterson intended to kill all guests, prosecution argues
Judd Boaz profile image
By Judd Boaz

The prosecutions says it is clear that by July 16, there was a clear indication to harm all of her lunch guests, not just her estranged husband Simon.

Jane Warren says if she only intended to poison Simon, she would have only prepared one beef Wellington, but instead made five.

The prosecution argues that Patterson clearly intended to lure her guests to her home with her messages.


 
Status
Not open for further replies.

Members online

Online statistics

Members online
89
Guests online
1,883
Total visitors
1,972

Forum statistics

Threads
632,349
Messages
18,625,084
Members
243,099
Latest member
Snoopy7
Back
Top