By ABC
Erin Patterson has been found guilty of murder. Photo: ABC News: Gabrielle Flood/News Corp
Victims of Erin Patterson and their loved ones will face the triple-murderer in Victoria's Supreme Court, as they give statements to the court ahead of her sentencing.
Patterson, convicted of murdering three relatives and attempting to murder another by serving a beef Wellington containing death cap mushrooms, will face a plea hearing this week.
It will be the first time Patterson has been seen publicly since a jury found her guilty of all charges in July.
The prosecution has told the court that the reading of victim impact statements will likely take up the majority of Monday's proceedings.
Those affected by the 2023 murders of Don and Gail Patterson and Heather Wilkinson will have the opportunity to present statements to the court detailing the impacts of Patterson's crimes on their lives.
How victim impact statements work
While it is still unknown who will be providing victim impact statements to the court, those closest to the case, including Simon Patterson and Ian Wilkinson, will have been offered the chance to prepare one.
Wilkinson, the only surviving guest of the deadly 2023 beef Wellington lunch, would also be offered the opportunity to detail the physical impacts of his attempted murder.
Stan Winford is a director at the Sentencing Advisory Council, and said victim impact statements were a "relatively recent feature of the Victorian criminal justice system", introduced in 1994.
"I think it reflects a growing recognition in recent times about the importance of providing a greater role for victims to participate in criminal trial and sentencing processes," Winford said.
"I think there's also been some broader recognition of the impact of crime on people… psychological impacts are better known and understood."
It is the choice of the victim whether or not they read their statement aloud to the court, whether the prosecution reads their statement, or if it is tendered to the court and kept private from the public.
But the format of victim impact statements can vary, with items such as drawings, artwork or videos allowed to be included as part of a submission to the court.
Don Patterson (left), Heather Wilkinson (centre) and Gail Patterson (right) all died after consuming a beef Wellington meal laced with death cap mushrooms. Photo: ABC News
What the court won't hear
While victims are given some latitude in expressing how a crime has affected them, there are things that are not allowed to be included in a victim impact statement.
Victims will be told not to give their opinion as to what sentence Patterson should receive, or make comments about her personality or chance for reform.
They are also forbidden from referencing other crimes an offender may have committed or been accused of in the past.
In August, it was revealed the Office of Public Prosecutions opted against charging Patterson with the attempted murder of her estranged husband Simon in 2021 and 2022.
Breaching these instructions means that part or all of a victim's impact statement could be considered inadmissible by the court.
The victim impact statements will be taken into account by Justice Christopher Beale when deciding on what sentence to hand down to Patterson.
"There's a legal obligation on courts to consider the impact of crime on victims and to take that into account in sentencing, and primarily the way they can receive that evidence is through a victim impact statement," Winford said.
Both the prosecution and defence will make legal arguments during the plea hearing as to how long Patterson's jail sentence should be.
Following the plea hearing, Patterson will face a sentencing hearing, where Justice Beale will hand down his sentence.
In Victoria, the maximum jail sentence for murder is life imprisonment, with a minimum non-parole period of 30 years.
Patterson will have 28 days from the date of her sentence to begin the process of lodging an appeal, according to the Supreme Court of Victoria.
Court proceedings have moved from the Latrobe Valley Law Courts in Morwell to the Supreme Court of Victoria in Melbourne.
- ABC
