Student who killed stepfather given hospital order

Benjamin Moglione was given the indefinite order at Liverpool Crown Court

A student who stabbed his stepfather to death while suffering from psychosis linked to epileptic seizures has been given an indefinite hospital order.

Benjamin Moglione, 23, attacked Andrew McDiarmid with a kitchen knife at the family's home in Heswall in Wirral, Merseyside, on 24 January 2022.

Moglione, a student at the University of Sheffield, pleaded guilty to manslaughter on the basis of diminished responsibility.

The jury was directed to find him not guilty of murder after evidence showed he was suffering from postictal psychosis, which occurs after seizures.

'No warning'

Prosecutor Gordon Cole KC told the court CCTV inside the home captured an exchange between Moglione and his stepfather, who was a retired police officer.

The defendant asked Mr McDiarmid if he was alright.

The former detective replied, "Yeah, are you?" and Moglione said, "No not really", the court heard.

Screaming and shouting could then be heard from Mr McDiarmid as he was stabbed, causing 17 injuries.

The court heard the victim's wife, Alison Moglione, was in the shower when her son entered the bathroom and washed his hands, telling her not to call the police.

Ms Moglione called 999 and told the operator: "I think he's killed my husband."

Moglione had been suffering from clusters of seizures at the time and his treatment regime was "simply not working", the jury heard.

Judge Andrew Menary KC said he "brutally attacked" his stepfather while he was resting in bed, without warning or provocation.

"You simply armed yourself with a large kitchen knife, went to the bedroom and stabbed him multiple times while he was completely defenceless," he said.

'Severe pyschosis'

Judge Menary said all medical experts agreed Moglione was likely suffering from postictal psychosis during the attack.

Ms Moglione told the court she had lost a "wonderful husband and stepfather who we loved and cherished", but asked the court to "return" her son to her.

She said he was a "hardworking and honest young man" with a difficult health condition.

In a statement read to the court, Mr McDiarmid's son Alexander said his father had tended to Moglione's needs "before anyone else".

He said he felt "hatred and anger" towards Moglione but added: "I want you to know I forgive you."

Consultant psychiatrist Dr Stephen Owens said Moglione had been in a "severe state of psychosis" when he was first admitted to a secure hospital following his arrest.

The court heard the defendant had been talking about "bizarre things" including revolution, the monarchy and his attitude towards his stepfather.

Dr Owens told the court he did not think the treatment needs of Moglione, who was on medication to prevent epilepsy and psychosis, could be met in prison.

Judge Menary said he was satisfied the sentence that provided the greatest level of protection for the public was an indefinite hospital order.