The decision in Erin Patterson’s appeal against her triple murder conviction will be handed down on Friday, with Victoria’s highest court also set to rule on whether she could face more time in prison .
The court of appeal will rule on the two appeals from 10am on Friday, after hearing arguments in August .
Patterson was last year sentenced to life imprisonment , with a non-parole period of 33 years, for the murders of her estranged husband’s parents, Don and Gail Patterson, and his aunt Heather Wilkinson, after she hosted them for lunch.
She was also convicted of the attempted murder of Heather’s husband, Ian Wilkinson, who survived the poisoned beef wellington lunch after spending weeks in hospital.
Patterson is not expected to attend the appeal decision in person.
There are several possible outcomes to Patterson’s appeal: leave to appeal is not granted; leave to appeal is granted, but her appeal dismissed; leave to appeal is granted, her appeal upheld and a retrial ordered; or her leave to appeal is granted, the appeal upheld, and acquittal entered.
If either of the final two decisions are handed down, there will be no need to rule on the sentence appeal.
If not, either the appeal fails, or it succeeds and Patterson is resentenced.
In August, the court heard Patterson should have been given no possibility of ever being released from prison, or a non-parole period so lengthy that she was likely to die behind bars.
Her lawyers argued that allowing jurors to stay in the same hotel as police and the prosecution while they deliberated over their verdicts in the triple-murder trial represented a “catastrophic” failure of the justice system.
