Erin Patterson Loses Appeal, Sentence Made Harsher
What the court decided
Three judges of Victoria's Court of Appeal, Justices Stephen McLeish, Lesley Taylor and Peter Kidd, dismissed all seven of Patterson's grounds of appeal. Five were refused leave without hearing; the two granted leave, relating to jury sequestration and the use of mobile phone location data as evidence, were considered and rejected. The prosecution's appeal against the original sentence was upheld. Justice McLeish said the offences involved "shocking criminality" and that Patterson's conduct deserved to be "denounced in the strongest terms". He concluded parole should not be available. Patterson, who has maintained her innocence throughout, attended the hearing via video link from Dame Phyllis Frost women's prison.
Victims: died
Don Patterson, Gail Patterson, Heather Wilkinson
Victims: survived
Ian Wilkinson (attempted murder)
Grounds of appeal filed
7
Grounds heard by full court
2
Grounds upheld
0
Original non-parole period
33 years (2025 sentence)
Non-parole period after today
None (life without parole)
Ruling handed down
10:00 AEDT, 30 October 2026
What is not yet known
Patterson has not publicly responded to today's ruling. Her legal team has not confirmed whether they will apply to the High Court of Australia for leave to appeal. An application to the High Court is the only remaining formal avenue; leave requires showing a fundamental error in how the lower courts interpreted the law, not merely an alleged procedural mistake. Legal experts cited by ABC News describe the threshold as "very strict", and note a successful High Court appeal in a criminal conviction case is rare. The case facts are not in dispute before any court; only legal and procedural questions remain live.
What comes next
Patterson's legal team may apply to the High Court of Australia for leave to appeal.
The High Court will consider whether to grant leave; it does so only where there is a question of law of public importance or a fundamental failure in the lower court's interpretation.
If leave is refused, no further appeal avenue exists under Australian law.
If leave is granted, the full High Court would hear the appeal; that process typically takes 12 to 24 months.
Patterson remains at Dame Phyllis Frost Centre, Victoria, on an indefinite life sentence.
Sources and last updated. Last updated 00:00 UTC 30 October 2026. Ruling confirmed by ABC News Australia (107326714, 30 Oct 2026), SBS News (30 Oct 2026), CNN (29 Oct 2026), NBC News (rcna242060), Guardian World (23:25 UTC 29 Oct 2026). Court of Appeal ruling handed down 10:00 AEDT (23:00 UTC 29 Oct) at Victoria's Court of Appeal. Original trial and sentencing dates per ABC News (105245152, 105735360). Legal commentary on High Court prospects per ABC News (107315286). Cover image: Amanita phallo
