Heswall man given hospital order after stabbing stepfather to death

A student who killed his stepfather while experiencing psychosis has been given an indefinite hospital order.

Benjamin Moglione, now 23, stabbed Andrew McDiarmid, 64, with a kitchen knife at the family home in Heswall on 24 January 2022.

Police officers were called to the property in Oldfield Way at around 8.45pm and found Mr McDiarmid in the bedroom with serious injuries. He was sadly pronounced dead at the scene.

Mr McDiarmid was a former Merseyside Police officer who retired in 2008 after 30 years’ service. He joined Merseyside Police in 1978 and spent 30 years with the service, working at Wavertree police station and in CID in Tuebrook, Huyton, and Wirral. 

Moglione, a University of Sheffield student studying chemical engineering, pleaded guilty to manslaughter on the grounds of diminished responsibility.

The jury at Liverpool Crown Court was instructed to find him not guilty of murder after evidence revealed he was suffering from postictal psychosis, which occurs after seizures.

Following the attack, Benjamin Moglione went to wash his hands in the bathroom where the victim’s wife, Alison Moglione, was in the shower. It was at this time that he told her not to call the police. However, Ms Moglione did call 999, telling the operator, “I think he’s killed my husband.”

Judge Andrew Menary KC said, “You simply armed yourself with a large kitchen knife, went to the bedroom and stabbed him multiple times while he was completely defenceless.”

The jury heard that Moglione had been experiencing clusters of seizures at the time, and his treatment regime was “simply not working”.

Judge Menary stated that all medical experts concurred Moglione was likely suffering from postictal psychosis during the attack.

Consultant psychiatrist Dr Stephen Owens told the court he thought that the treatment needed by Benjamin Moglione could not be provided in prison.

Judge Menary said that an indefinite hospital order would provide the best level of protection for the public as he imposed a section 37 hospital order with section 41 restrictions under the Mental Health Act 1983.


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