Student given indefinite hospital order in case prosecuted by Gordon Cole KC

August 5, 2024

In a case prosecuted by Gordon Cole KC from Exchange Chambers, 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.

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.

Judge Menary said all medical experts agreed Moglione was likely suffering from postictal psychosis during the attack.  He said he was satisfied the sentence that provided the greatest level of protection for the public was an indefinite hospital order.