Erin Patterson makes last ditch legal manoeuvre from behind bars in explosive bid to avoid spending the rest of her LIFE in jail

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Mushroom killer Erin Patterson has made a last ditch bid to try and escape a lifetime spent behind bars. 

Daily Mail can reveal Patterson’s high-priced legal team will return to the Supreme Court of Victoria on Thursday where they will ask for an extension of time to possibly lodge an appeal against both her conviction and sentence. 

The 51-year old killer had until Monday to formally lodge an appeal, but will front court to ask Justice Christopher Beale for a one-month extension. 

A court spokesperson confirmed on Wednesday lawyers for Patterson had applied to appear before the court to discuss the extension. 

Erin Patterson wants more time to lodge an appeal 

‘They seek to extend the date of expiry to 3 November 2025,’ the spokesperson said. 

The matter will hit ‘Courtroom Four’ at 9.30am – the same location where Patterson learnt her fate in a little under a month ago. 

Justice Beale sentenced Patterson to life in prison on September 8, but set a non-parole period of 33 years. 

Patterson was found guilty of the murders of Don and Gail Patterson, and Gail’s sister, Heather Wilkinson.

They died after consuming death cap mushrooms served in Beef Wellingtons during lunch at her Leongatha home on July 29, 2023.

Pastor Ian Wilkinson survived the lunch after being critically ill, with Patterson also convicted of his attempted murder.

Justice Beale granted the non-parole period after Patterson’s barrister Colin Mandy, SC convinced him she would face a harder time behind bars locked in a ‘management unit’ for the foreseeable future.

Legal sources have told Daily Mail Patterson will secure the one month extension, which is being dished out to overworked defence barristers for at least the next six months. 

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Don and Gail Patterson were both murdered by Erin Patterson

Don and Gail Patterson were both murdered by Erin Patterson 

Heather Wilkinson (left) also died. Her husband Pastor Ian Wilkinson was the only survivor

Heather Wilkinson (left) also died. Her husband Pastor Ian Wilkinson was the only survivor 

It is understood the same concessions will not be afforded to Crown prosecutors looking to lodge appeals of their own. 

In sentencing Patterson, Justice Beale decided to jail her for life after agreeing with prosecutors that her offending deserved the full penalty available under Victorian law.

Under Victorian law, 25 years is considered a life sentence.

‘Your failure to show any remorse pours salt into your victims’ wounds,’ Justice Beale said.

The court heard the respected judge found the matter of setting a parole date his toughest task.

Patterson’s victims had suffered a prolonged and agonising death after consuming the death cap mushrooms.

It is unknown how the once wealthy killer, who is believed to have now exhausted that wealth, would fund an appeal.

Barrister Sophie Stafford, Doogue + George Defence Lawyers' Ophelia Hollway, and barrister Colin Mandy, SC have stood by Patterson

Barrister Sophie Stafford, Doogue + George Defence Lawyers’ Ophelia Hollway, and barrister Colin Mandy, SC have stood by Patterson 

Without funding, she would need to convince taxpayer-funded lawyers an appeal was justified.

For now, Patterson is continuing to be represented by Doogue + George Defence Lawyers, which represented her throughout the trial. 

The Age reported barrister Colin Mandy, SC will not represent Patterson on Thursday. 



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