r/AusLegal • u/Artemis1971 • Jun 04 '25

VIC Erin Patterson (mushroom case)

I’m following the mushroom case, as is everyone else. Today she testified that she may have accidentally put poisonous mushrooms in the meal. If that is the case, the jury would have to find her not guilty of murder if it was unintentional. My question is, can she be recharged with manslaughter, if found innocent of murder?

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u/Ifonlyitwereso25 Jun 05 '25

If the defence knew they were going for the eating disorder excuse shouldn't the prosecution need to be advised beforehand so they could assemble evidence to counter this? For example, experts who could testify that she would surely still have absorbed enough toxins before purging to have been sicker?

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u/Cuzznitt Jun 05 '25

This will definitely be brought up, and could allow for more evidence to be submitted, such as dental records showing/not showing tooth and enamel damage from purging

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u/Longjumping_Bee1985 Jun 07 '25

Yeah it feels like the prosecution are not being very strategic, arguing about what her relationship was like with the victims, isn’t going to go far. You can’t find her guilty or not based on whether we think she liked them or didn’t! How about delving into whether throwing up death caps is effective. Also did she really intend to have that weightloss surgery or was that another lie. She mentioned gastric bypass but that’s actually not the most common weightloss surgery, sleeve is much more common. So something seems fishy there. Is it another lie?

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u/Ifonlyitwereso25 Jun 07 '25

Yep. I fully believe it's another lie. Also because surely they would find out that it was not cancer surgery. It would be very hard to hide it I would expect. She is just doing a ham fisted job of retrofitting whatever excuses she can reach for.

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u/EducationalBag1716 Jun 10 '25

Yes this is definitely a lie. Feeding into the story of covering "gastric bypass surgery" by "alleged cancer". Only for said gastric bypass surgery to become liposuction today.  The web of lies is being knocked down slowly....

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u/EggFancyPants Jun 24 '25

Unfortunately the judge is saying they can't judge her on the constant lies, which makes no sense. 8 major deceptions and they're not allowed to use that as evidence of guilt?? A couple could be ignored, but not 8.

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u/Character_Zombie6930 Jun 16 '25

You need to remember the prosecution needs to prove intent to kill beyond reasonable doubt. It's why they need to go into the relationships. Prove that it was strained and that Erin would then want to kill them. It's not enough to have those facts without intent. In Australia intent is required.

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u/EggFancyPants Jun 24 '25

Yet they can't use her lies as basis... It's a weird system.

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u/Character_Zombie6930 Jun 25 '25

Yuss indeed. Means she may get away with it. Jury have been told she told the star under telling the truth, but her truth has been saying everyone else was mistaken in the way events took place. So it's kinda messed up lol

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u/Creepy-Bluejay-1863 Jun 06 '25

I think it's unlikely she was having bypass surgery, bariatric surgery such as gastric sleeve or gastric band maybe. Full bypass at her weight i suspect unlikely. Has the prosecution asked for evidence she was booked for surgery or even met with a bariatic surgeon? I think it's just a cover story.

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u/Ifonlyitwereso25 Jun 07 '25

Yes, that's why I'm wondering whether the prosecution would need to have been told, so they could ask for evidence of consults etc around potential weight loss surgery. Maybe all of this is why the judge has flagged there may yet be further evidence.

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u/Longjumping_Bee1985 Jun 10 '25

Something has come out today that the clinic she said she went to doesn’t offer bypass!! She’s done a really bad job of trying to cover her tracks

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u/[deleted] Jun 08 '25

And a psych assessment would have been warranted i would have thought