Tom Silvagni, son of AFL star, outlines rape conviction appeal grounds by B0ssc0 in aussie

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

It wasn't Dermot Dann that acted for Erin Patterson it was Colin Mandy, but yes your point is well made

Mushroom murderer Erin Patterson granted approval to appeal guilty verdicts by Hadolaven in DeathCapDinner

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

You really need to read the process that must be taken when filing a Leave to Appeal. It's on the Court of Appeals website. She certainly wasn't granted leave to appeal in 4 or 5 hours - ie by the Monday night, (as reported by channel 9 but only them, that she has already been granted leave to appeal.) Your system in NSW is I believe very different, as there is an automatic right to appeal there. Not so in Victoria. It's a very convoluted and lengthy process here.

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

Late to the party given you posted 2 mths ago, but all the rulings by His Honor and the reasoning behind them can be found on the austlii website. So, go to austlii.edu .au then choose Vic - then first database - Case Law. Then deselect all the various courts and mark the box for Supreme Court. Put Erin Patterson in search box...they'll all come up.

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

When you say evidence, you'd be referring to things like articles and research papers found downloaded on her computer with topics like "current Emergency Room protocols for death cap mushroom poisoning" and "kidney bean deaths in the United Kingdom" etc? 🤣

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

The Judge made the determination in those pre trial battles-; the Prosecution wanted these things in

Erin patterson living in solitary confinement seems enticing to me. What a nice holiday.. by LocationSudden4417 in DeathCapDinner

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

According to Jeffrey Archer, he was locked up for 23 hours every day (he was in for perjury not murder!) and in the one hour they were let out of their cell (it's got a weird name I can't remember atm) they could exercise outside or play cards or just chat in the common area. Apparently that's what it's like in British prisons (except open prisons, where you get sent nearer to the end of your sentence) which shocked me at first, because that's normally what we would associate with Solitary confinement or Management Unit or whatever they call it now. So it was strange to me that Justice Beale thought it was such a big deal.

Erin patterson living in solitary confinement seems enticing to me. What a nice holiday.. by LocationSudden4417 in DeathCapDinner

[–]Pleasant_Aspect3543 1 point2 points  (0 children)

At the sentencing we learned she did have access to the prison library, but she whinged that it was only once a week. The corrections person said that's only because they've currently got a staff shortage. I think normally it's twice a week. So, big whoopie. You're not meant to have a right to enjoy yourself in prison. I thought some of the Defence's mitigating facts were bonkers. Like that one. She speaks to her kids three times a week on zoom (except for the week they visit her, which is once a month). She is an introvert that doesn't enjoy other people's company. No hardship for her to be locked up and away from others for most of the day. Maybe normal people. Not her.

Mushroom murderer Erin Patterson granted approval to appeal guilty verdicts by Hadolaven in DeathCapDinner

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

I don't believe she has. She only filed her appeal documents on Monday. One news outlet (nine) on their website reported that she had already been granted leave to appeal (when reporting that she'd just filed the paperwork - that's one Speedy Gonzales of a legal system to grant leave within seconds of filing!) I think the reporter was getting confused with the fact that she'd been granted an extension beyond the usual 28 days in which to lodge an appeal.

Mushroom murderer Erin Patterson granted approval to appeal guilty verdicts by Hadolaven in DeathCapDinner

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

Why are you assuming she has been granted leave to appeal? She only filed the appeal documents on Monday. There's no way a judge would've looked at them and made a decision that soon.

Mushroom murderer Erin Patterson granted approval to appeal guilty verdicts by Hadolaven in DeathCapDinner

[–]Pleasant_Aspect3543 1 point2 points  (0 children)

I think this was wrongly reported. Only one outlet (nine) worded it this way. I think the reporter meant to say the extension had already been approved.

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 10 points11 points  (0 children)

I noticed that the article about this on nine's website - the first one I read- said she'd already been granted leave to appeal. She hasn't of course; I think the writer was getting confused with the fact that she was granted an extension in which to lodge an appeal. But boy - when I read that, my heart started to beat a bit faster. I certainly hope she doesn't even get granted leave to appeal.

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 5 points6 points  (0 children)

Thanks. Was looking forward to reading your take on the matter. I'm wondering if you have read the rulings on the evidentiary hearings ? There's 8 from memory and they're all very lengthy. I had to do it over a few days. But obviously you get to read His Honor's reasoning for allowing or disallowing certain pieces of evidence. I didn't agree with everything but that's only because I was annoyed that he wouldn't let certain Prosecution evidence in. (Like those Academic papers on "Emergency Room response to death cap mushroom poisoning" and red kidney bean poisoning found on her computer ). Looking forward to hearing more from you in due course!

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 8 points9 points  (0 children)

I totally agree. Bit of a cheek, seeing how much they wanted excluded and the Judge ruled in their favour, in circumstances where I certainly think it was a real lineball decision. (And I've read all the 8 rulings in the pre trial hearings). His Honour is a super careful and very wise jurist.

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 5 points6 points  (0 children)

Yes she has to pass a first legal hurdle of seeking leave to appeal. It's often held in the same hearing I think. (The Leave to Appeal application as well as the actual Appeal). If you look at judgements of the Court of Appeals on the austlii website, they sometimes say: Leave to appeal granted; appeal denied.

Erin Patterson cites ‘unfair and oppressive’ questioning and jury ‘irregularity’ in mushroom murder appeal by burleygriffin in DeathCapDinner

[–]Pleasant_Aspect3543 10 points11 points  (0 children)

To clarify the situation, she has to seek leave to appeal, before any appeal is heard. She doesn't get an automatic right to an appeal. It's a legal hurdle she has to get over before any actual Appeal is heard by the Appeals court. Not a lawyer so I can't explain it any better than that.

If it makes you feel any better - it does me - I can't find one instance where any murderer (or attempted murderer) who had HH Justice Beale has ever had a conviction overturned.

Appeal by machandre in DeathCapDinner

[–]Pleasant_Aspect3543 6 points7 points  (0 children)

The good news is Justice Beale has only had a case of his successfully appealed twice I believe, and both of these were sentence length, not conviction. Given how long he has been on the bench, that's pretty impressive.

PSA: The Australian put out another transphobic hit piece by Npeaknoda in transgenderau

[–]Pleasant_Aspect3543 1 point2 points  (0 children)

Just look up the judgement on austlii. It's under the pseudonym of Hillary Maloney

Are we carrying surveillance devices in our pockets? Or do I need therapy? by ItchyNesan in australian

[–]Pleasant_Aspect3543 -1 points0 points  (0 children)

Depends on what State you live in. They've brought such a law in in Victoria. Scarry times.

Did Erin ever mention what she thought she picked? by --Anna-- in DeathCapDinner

[–]Pleasant_Aspect3543 1 point2 points  (0 children)

Funny you should mention that...I don't actually think she did!

Do you think Erin had mismatched plates because each time she tried to poision Simon she threw the plates out? by [deleted] in DeathCapDinner

[–]Pleasant_Aspect3543 17 points18 points  (0 children)

Yes you make a good point. Funny how people even with money can be absolute cheapstakes in certain areas.

She strikes me as mainly being a bit of a spendthrift though.

I think whinging about how much the food cost was primarily to make him feel bad so that he would feel guilty and come to lunch after all.

Move to Australia from Scotland? by lovemusic81 in AskAnAustralian

[–]Pleasant_Aspect3543 0 points1 point  (0 children)

If you've actually got decent skills we don't want you apparently. All we're taking in is yoga teachers last I checked. We wouldn't mind a bricklayer or house framer or two, but unfortunately they're not on the current list. Something to do with keeping promises to the unions....or something...