Live: Erin Patterson awaits appeal decision on mushroom murder convictions
Three judges from Victoria's highest court will hand down down their decision on triple murderer Erin Patterson's appeal against her convictions.
Patterson was last year found guilty of murdering three relatives and trying to kill another by serving them beef Wellingtons laced with death cap mushrooms.
The Court of Appeal will also rule on an appeal by prosecutors against the non-parole period that could see Patterson released in 2056.
Following the court proceedings as they happen in our blog.
Decision expected at the top of the hour
By Judd Boaz
By Judd Boaz
What time is the judgement expected- morning or afternoon?
- Time challenged
Hi,
We're expecting the Court of Appeal to hand down its decision at 10am.
We'll bring it to you moment-by-moment here on the blog.
What are the potential outcomes of today's judgements?
By Tim Callanan
By Tim Callanan
The three Court of Appeal judges are handing down judgments on two appeals today:
1) Erin Patterson's appeal against her convictions
2) The prosecution's appeal against her sentence
The judgement on Patterson's appeal against her convictions will be handed down first as the outcome could mean that a decision on the prosecution's appeal is not required.
The judges are ruling firstly on whether she can actually lodge an appeal and, if that is granted, on the outcome of any appeal.
That means there are four potential outcomes for her conviction appeal. The judges could rule:
a) Leave to appeal not granted
b) Leave to appeal granted, appeal dismissed
c) Leave to appeal granted, appeal upheld, retrial ordered
d) Leave to appeal granted, appeal upheld, acquittal entered
Should the judges hand down a judgement of c] or d], the sentence appeal will not be required.
For the sentence appeal, there are two potential outcomes:
a) Appeal is dismissed and the initial life sentence with a non-parole period of 33 years remains
b) Appeal is upheld and she is resentenced by the Court of Appeal
What was the basis for Erin Patterson's appeal?
By Tim Callanan
By Tim Callanan
The primary argument put forward by Erin Patterson's lawyers was that the verdicts in her triple-murder trial were compromised by a "catastrophic" jury accommodation arrangement.
Her legal team's argument centred on how the jurors considered their verdicts while housed in the same accommodation as the case's lead homicide detective and some prosecutors.
Her barrister, Richard Edney, argued this went against the notion that justice needed to be done, as well as being seen to be done in "perhaps one of the most high-profile criminal trials this state has ever had".
However, under questioning from Court of Appeal judges Lesley Taylor, Stephen McLeish and Peter Kidd, Mr Edney conceded there was no evidence police or prosecutors directly communicated with jurors.
You can read more about the grounds for the appeal here:
Welcome to today's blog
By Tim Callanan
By Tim Callanan
We'll be bringing you all the developments this morning as Erin Patterson learns the outcome of her appeal against her murder convictions.
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