A man who killed his mother in a brutal assault in Maghull will remain in a high-security hospital indefinitely, with release requiring government approval. Graham Daly, 45, admitted manslaughter by reason of diminished responsibility after repeatedly stabbing 70-year-old Phyllis Daly in a "sustained attack" at their home on Clent Road.
The incident occurred on July 13 last year. After leaving Phyllis gravely injured on the kitchen floor, Daly drove away from the scene before entering the Stanley Arms in Aughton, shirtless and covered in blood. When police arrived, he said: "My mum tried to kill me today and I defended myself. I killed her."
Indefinite Hospital Order Imposed
Daly, who has schizophrenia with bipolar symptoms and was said to be suffering "paranoid, persecutory delusions", appeared in court on Friday, November 6, where he was handed an indefinite hospital order. This means he cannot be released without the approval of doctors and the Ministry of Justice.
Criminal courts can issue section 37 hospital orders when it is determined, following reports from medical professionals, that a defendant is suffering from a mental disorder requiring hospital treatment and could not be appropriately dealt with in a normal prison. This includes serious mental illnesses, such as paranoid schizophrenia, and some personality disorders.
Legal Framework and Restrictions
Section 41 restrictions, which allow defendants to be hospitalised indefinitely, can only be imposed if someone is found to pose a risk of danger to the public. Defendants subject to a section 37/41 order under the Mental Health Act can apply to the Court of Appeal if they disagree with the sentence, just as defendants who are given prison sentences do. They can also appeal to a tribunal and the hospital managers.
Patients on a section 37/41 order can be given treatment without consent for the first three months, after which they may only be treated without consent if a second doctor agrees.
Family Pays Tribute to Phyllis
Detective Chief Inspector Alan Nuttall said: "Phyllis's family and loved ones have been left devastated by their senseless loss, and the circumstances surrounding her death have made it even harder for them to come to terms with what has happened."
Following the sentencing, Phyllis's family said in a statement: "Phyllis was the most compassionate person anyone could wish to know. The love, support and encouragement she gave so naturally to others was unwavering. Phyllis' world revolved around her family. She was a wonderful wife and mum, as well as being a loving sister, nana, auntie, cousin and friend to many."
The family added: "Today marks the end of the criminal proceedings, but it does not bring an end to our grief and pain. Nothing ever will. We are grateful to Merseyside Police for their thorough investigation into Phyllis' death."
They concluded: "We must now begin the difficult process of rebuilding our lives without her, treasuring our memories and knowing how fortunate we were to have been loved and nurtured by such an amazing lady."
