A man who stabbed his mother to death and battered her with a golf club before walking into a pub wearing only shorts has been handed an indefinite hospital order.
Graham Daly, 45, admitted manslaughter by reason of diminished responsibility over the death of his 70-year-old mother Phyllis Daly at their home on Clent Road in Maghull. Liverpool Crown Court heard on Friday, November 6, that Daly had been experiencing "paranoid, persecutory delusions" at the time of the attack.
Attack at family home
The court heard that Phyllis had been at home on the morning of Sunday, July 13, last year, with her husband Dave having gone out to play golf. She was phoned by her daughter Angela at around 10.15am, with the two having "spoken to each other several times a day", and later sent an email saying that she "wasn't going to allow Graham to play his music so early".
Peter Glenser KC, prosecuting, described how neighbours heard arguing within the address at around 10.30am before Graham Daly emerged from the house shortly before 11.30am "bare-chested and barefooted". He added: "He was not running and did not appear, at the time, to be in distress. He made his way to the Stanley Arms public house. A witness describes being overtaken by him in his car on the way to the pub. He was driving very fast and had a traffic cone wedged underneath his car."
Daly, of Clent Road, was said to have been wearing only shorts upon his arrival at the pub in an "extremely agitated state", having had blood on his knuckles, arms and feet and with scratches noted to his torso. Mr Glenser added: "He spoke to two members of staff. His behaviour was very odd, and he was behaving irrationally and in a way which must have been alarming, saying he could take one of the two women around the corner and rape her and get rid of her body. He was heard to repeat that he had done something bad. Both women showed great presence of mind and courage. They calmly kept the defendant talking until the arrival of Lancashire Police officers."
'I killed her'
Daly went on to tell police officers that he "couldn't remember what happened" but had "been on a bender and blacked out" before stating: "My mum tried to kill me today and I defended myself. My mother tried to kill me. She's in the house. She tried to kill me and I had to defend myself." Asked whether his "mum was ok", Daly replied "no, I killed her".
Angela Daly had become concerned for her mum's welfare due to her "not replying to attempts to contact her", attending the family home shortly after 12.45pm. It was at this stage she found Phyllis' lifeless body lying face down on the kitchen floor. Mr Glenser told the court: "She was obviously already dead. She contacted the emergency services, who attended swiftly. Phyllis Daly's life was formally pronounced extinct at 1.24pm that day."
A post-mortem investigation revealed Phyllis had been the "victim of a sustained attack with multiple weapons", including two stab wounds to either side of her neck and a further eight puncture wounds and 25 incised wounds across her neck and upper limbs. Knives and a pair of scissors recovered from the scene were said to have been "consistent" with these injuries.
The pathologist also found "evidence of a significant blunt force assault involving at least one weapon", believed to have been a "golf club or golf clubs". This resulted in five separate lacerations to the back of Phyllis' head, a fractured skull and "direct trauma to the brain", with the infliction of such injuries having "required the use of severe force". Bruising was found to Phyllis' neck, with the pensioner having suffered a fracture to the voice box. Mr Glenser said: "The constellation of these findings indicates that Mrs Daly had been subjected to prolonged neck compression. The pathologist was of the view that the compression of the neck did not contribute directly to her death, given the other injuries, but may have rendered her unconscious, thus less able or unable to defend herself."
Mental health background
Graham Daly was said to have a "history of mental health difficulties". Giving evidence via video link, consultant forensic psychiatrist Dr Hasanen Al-Taiar detailed how the defendant had been suffering from schizophrenia with symptoms of bipolar disorder. This was said to have "made a substantial and direct contribution to him killing his mother", with Daly's "paranoid, persecutory delusions" having caused him to "genuinely believe he was reacting to an imminent threat to his own life".
Nick Johnson KC, defending, said on the dad's behalf: "I recognise the inevitability of the outcome. For those who are legitimately very concerned, the starting point for a hybrid order [in which the defendant would be treated in hospital before being transferred to prison when deemed appropriate] would be seven years imprisonment, from which would have to be discounted the year and a quarter or so that Mr Daly has been in custody. He would be out very quickly, given the present regime."
Daly admitted manslaughter by reason of diminished responsibility during an earlier hearing. Appearing remotely from Ashworth Hospital, where he has been held since his arrest, while wearing a black Hugo Boss jumper, he was subjected to a Section 37/41 hospital order. This means that Daly will be detained in a secure psychiatric facility until it is deemed safe for him to be released.
Sentencing, Judge Neil Flewitt KC said: "I have listened to and read the victim personal statements. They have all, in their different ways, paid tribute to an exceptional woman and spoken with conviction of the devastating impact that her death has had on their lives. I cannot improve on the words of Phyllis' daughter, who said this. My mum, together with my dad, created a safe, happy home for us, built on a foundation of love. My mum was a kind, selfless lady who put everybody else's needs before her own. She was compassionate and empathetic. She was love personified. She was the beating heart of our family and much loved and respected amongst friends and neighbours."
He added: "You have a history of poor mental health. When you committed this offence, you were living at home with your parents. Your parents loved you and did their best to care for you and support you. On the 13th of July, your father left the house to play golf, leaving you at home with your mother. You attacked and killed your mother. The only account you have given of what happened is that you believed your mother had tried to kill you, and you struck her in self-defence. That suggestion is clearly untrue and almost certainly a product of your mental illness."
The judge noted that both doctors agreed that Daly's use of cannabis was capable of exacerbating the severity and persistence of his psychotic symptoms, but the evidence did not support a conclusion that his presentation was solely explained by intoxication or a substance induced psychotic disorder. He accepted the prosecution's submission that Phyllis was a vulnerable victim, noting she was 70 years of age and suffered from a number of physical ailments, and was attacked and killed in her own home.
Judge Flewitt said: "I am not convinced that a lack of pre-meditation is a relevant factor in offending which was primarily driven by your mental disorder, nor can I detect any remorse. You maintain that you were acting in self-defence, although that belief is a product of your mental illness. I unhesitatingly agree with your family that you are a dangerous offender. That is an inevitable conclusion from the circumstances of your offending."
He concluded: "In this case, the evidence of the doctors is clear, consistent and unchallenged. I have, therefore, reached the conclusion that the most appropriate sentence in your case is a hospital order with a restriction order pursuant to Sections 37 and 41 of the Mental Health Act. I am satisfied that, if you are ever released, the public will be better protected by the regime and supervision associated with a hospital order and restriction order."
Judge Flewitt also commended the actions of staff at the Stanley Arms pub for the "remarkable presence of mind they showed, in effect detaining or distracting Mr Daly" ahead of the arrival of police. He added to members of the family in the public gallery: "Can I offer my condolences to the Daly family and thank them for the dignity that they have shown during what must have been a most difficult afternoon."
