‘I was sleepwalking’: Can you kill someone while you’re asleep?
“I was sleepwalking,” a public schoolboy, wearing only his boxing shorts, was heard to say after brutally attacking two fellow students and a housemaster.
Henry Roffe-Silvester, a teacher at the exclusive boarding school, was awoken in the middle of the night by footsteps coming from the dormitory directly above.
He went to investigate, and as he opened the door to the pitch-dark room, he saw a silhouetted figure who turned and struck him on the head with a hammer.
“I stumbled backwards into the corridor,” said Mr Roffe-Silvester, during his attacker’s two-month trial. “There was a second blow – I can’t remember if it was before I stumbled back – that’s a little bit hazy for me.”
He suffered six blows to the head before managing to get the weapon off the boy he now recognised as one of his students, who “slumped down” in a squat position and was heard to say: “I was dreaming.”
When paramedics arrived at Blundell’s School in Taunton, Devon, they found “carnage” like “a scene from a horror film” with blood over the desks, the walls and the cabin-style beds.
There was no question the boy, then 16, caused the “awful injuries” to the housemaster and two sleeping dorm-mates – both boys suffered skull fractures, as well as injuries to their ribs, spleen, a punctured lung and internal bleeding.
Scene was ‘like horror film’
‘Zombie apocalypse’
He told a jury at Exeter Crown Court he kept hammers by his bed for “protection” from “the zombie apocalypse” or the end of the world.
He remembered going to sleep on 8 June last year, he said, and the next thing he recalled was being in the room which was “covered in blood”.
“I knew something really bad had gone on and everyone was looking towards me,” he said.
“I didn’t remember doing anything so the only rational thing I was thinking was that I was sleepwalking.”
Prosecutors said he had armed himself with three claw hammers, then waited for his victims to fall asleep before attacking them.
But his barrister, Kerim Fuad KC, said he must have been “sleepwalking to have committed these extraordinary acts” – meaning he would be not guilty of attempted murder by reason of insanity.
The history of the sleepwalking defence
The idea that acts of violence can be committed by people who are sleepwalking isn’t new – since the 14th century, the Catholic Church recognised the idea that a sleeper shouldn’t be held responsible for killing or injuring someone.
The first English case is believed to be the Old Bailey trial of Colonel Culpeper in 1686, who was said to have shot a guardsman and his horse during a dream. He was convicted of manslaughter while insane but pardoned a few weeks later.
More incidents came to light in the Victorian era as scientists began studying the mind, among them the famous case of Simon Fraser, a known sleepwalker, from Glasgow.
Believing he was saving his family from a wild beast that had burst through the floorboards, he killed his 18-month-old son by throwing him against a wall. He was cleared but was told by the judge to sleep alone in a locked room for the rest of his life.
Jules Lowe was cleared of murdering his father. Pic: PA
More recently, in 2005 Jules Lowe was found not guilty of murder by reason of insanity and made the subject of a hospital order after claiming he was sleepwalking when he beat his father to death at the family home in Walkden, Greater Manchester, after a drinking session.
Three years later, father-of-two Brian Thomas strangled his wife Christine while they were on holiday in west Wales, believing an intruder had broken into their campervan.
The nightmare was suggested to have been triggered by an earlier incident when they were disturbed by youths doing wheel spins in the car park.
Thomas was described as a “decent man and a devoted husband” by the judge after being cleared of murder when prosecutors dropped the case.
The sleepwalking defence is rare – according to sleep expert Dr Neil Stanley, who was not involved in the Blundell’s case, and tells Sky News it has been successfully used just 200 times in the English-speaking world.
Sexsomnia
But it has become increasingly common over last 30 years, says Dr John Rumbold, a lecturer at the Nottingham Law School, who tells Sky News there is a growing number of sleep experts and a greater awareness among lawyers.
In the past, reported cases more commonly involved violence, he says, but now around 80% to 90% of cases involve sexsomnia, an extreme variant of sleepwalking, that can cause people to engage in sexual activity while unconscious.
“Very often it’s drunk young men” who are accused of rape or other sex offences, he says. “They don’t really have any other defence and it’s fairly complex actions.”
Dr Stanley believes that some people who are guilty have successfully used the defence in the past and says there is a lack of knowledge of the subject among judges, lawyers and juries.
He says that in theory he could use his expertise to tell someone how to behave and what to say to convince a court they were a genuine sleepwalker.
‘Get out of jail free card’
Some see it as “a get out of jail free card”, he says, but he adds that “people, in their sleep, can kill, they can rape, they can assault – sexually or physically”.
Barrister Ramya Nagesh, who has written a book on sleepwalking and other automatism defences tells Sky News that just because it is being used more “that doesn’t mean that it’s being used in bad faith because you do have to have expert opinion”.
She thinks there should be a change in the law to allow a verdict of not guilty by virtue of a medical condition to encompass cases involving sleepwalking, epileptic fits and hypoglycaemia.
“Automatism is an outright acquittal – it feels a bit odd to say we’ll excuse them, but they might go off and do it again,” she says.
“They don’t deserve to go to prison and wouldn’t benefit from a hospital order, so it would give judges a bit more power.”
Blundell’s school, Tiverton, Devon
The public schoolboy, now 17, who can’t be identified because of his age, has been found guilty of three counts of attempted murder after a jury deliberated for 40 hours and he will be sentenced in October.
His relatives told the jury there was a history of sleepwalking in the family and he said his mother had found him at the bottom of a staircase in their home around a decade ago.
A ‘textbook example’?
After the attacks, the teenager told a student he was watching horror movies, while others heard him say: “I am sorry, I was dreaming.”
At his trial, sleep forensic expert, Dr Mark Pressman, who has decades of experience in the field, has seen 20,000 patients and more than 100 cases of sleepwalking violence, was called as a witness.
He described the case in court as a “textbook example”, explaining sleepwalkers could be fearful for their lives and “respond with violence to protect themselves at a very primitive level”.
“The defendant swivelled around and attacked his housemaster without knowing who he was,” he said. He was not aware he had attacked the housemaster.”
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But another expert witness, Dr John O’Reilly, told the court he did not believe the boy was asleep as a sleepwalker does not initiate violence because it is triggered by noise or touch.
Prosecutors said he had been awake shortly before the attacks, with an examination of his iPad showing he had been listening to music on Spotify, and that he had a fascination with serial killers.
‘Lucky to still be alive’
In his room, he kept a locked stash of what other pupils described as “weapons”, including shards of broken glass, screwdrivers and multiple hammers.
Police discovered he had carried out internet searches for “rampage killers”, “school massacres”, “murder with a hammer” and “killer kills while sleeping”.
He had sent alarming messages to one of his victims in the months before the attack – including a character from the horror film Texas Chainsaw Massacre wielding a hammer.
“These violent actions were repeated again and again,” said prosecutor James Dawes KC, and there was “no other explanation for his actions other than his intention to kill them”.
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Following his conviction, senior crown prosecutor Helen Phillips said the two boys were “lucky to still be alive”.
“The boy, who had a macabre interest in murder, serial killers, and violence, showed no remorse and naïvely thought that by concocting a story about sleepwalking at the time of the attack he could evade punishment,” she added.
The UK has signed a long-awaited deal to hand control of the Chagos Islands to Mauritius.
It means Britain will give up sovereignty of the Indian Ocean territory and lease back the vital UK-US Diego Garcia military base – at a cost of billions of pounds to the taxpayer.
Politics Live: Starmer signs deal to hand over UK control of Chagos Islands to Mauritius
In a news conference, Prime Minister Sir Keir Starmer said the base is of the “utmost significance to Britain”, having been used to deploy aircraft to “defeat terrorists in Iraq and Afghanistan”, and “anticipate threats in the Red Sea and the Indo-Pacific”.
He said the base was under threat because of Mauritius’s legal claim on the Chagos Islands, which has been recognised by multiple international courts.
“If we did not agree this deal, the legal situation would mean that we would not be able to prevent China or any other nation setting up their own bases on the outer islands, or carrying out joint exercises near our base,” Sir Keir said.
“We would have to explain to you, the British people and to our allies, that we’d lost control of this vital asset.
“No responsible government could let that happen, so there’s no alternative but to act in Britain’s national interest by agreeing to this deal.
“We will never gamble with national security.”
Aerial view of Diego Garcia in the Chagos Island group. Pic: AP
The deal means the UK will lease the base from the Mauritian government over 99 years.
Confusion over costs
Sir Keir said the average cost per year is £101m but the net overall cost is £3.4bn, not £10bn, and all public sector projects are measured in net costs.
However, there is confusion over the government’s calculations as the full agreement between the UK and Mauritius reveals the UK will pay:
• £165m a year for the first three years;
• £120m for years four to 13;
• £120m plus inflation for every year after to year 99;
• £40m as a one-off to a fund for Chagossians;
• £45m a year for 25 years for Mauritian development.
If inflation were to remain zero for the next century, this would work out to around £10bn over 99 years.
Assuming an average of 2% inflation, Sky News analysis suggests costs could rise as high as £30bn.
Downing Street stood by its figures, saying government accounting principles were applied to adjust for long-term costs and the value of the pound today is worth more than the pound in the future.
Officials denied suggestions from journalists that was financial sophistry, insisting it was “standard practice”.
Sir Keir said that had he not struck the deal today, Mauritius would have taken the UK to international courts and probably won, with extra penalties implemented.
However the Tories – who started negotiations in government – have branded the move a “surrender tax”.
Keir Starmer
Sovereignty row
The Chagos Archipelago was separated from Mauritius by the UK in 1965, when Mauritius was a British colony.
Mauritius gained independence from the UK in 1968 and since then has been trying to claim the archipelago as Mauritian.
In the late 1960s, the US asked the UK to expel everyone from the archipelago so they could build a naval support facility on the largest island, Diego Garcia. It is leased to the US but operates as a joint UK-US base.
The UK has been under pressure to hand back control of the territory, after the UN and the International Court of Justice sided with Mauritius.
The treaty said the deal would “complete the process of decolonisation of Mauritius”.
Tory leader Kemi Badenoch said that “surrendering” the Chagos Islands to Mauritius “is an act of national self-harm”.
“It leaves us more exposed to China, and ignores the will of the Chagossian people. And we’re paying billions to do so,” she said.
Reform UK leader Nigel Farage echoed those comments, accusing Sir Keir of caring more about foreign courts “than Britain’s national interest”.
The location of the Chagos Islands
‘Deal inherited from Tories’
However, Sir Keir said he “inherited a negotiation in which the principle of giving up UK sovereignty had already been conceded” by the Tories.
He said “all of the UK’s allies” support the deal, including the US, NATO, Five Eyes and India, and that those who are against it include “Russia, China, Iran…and surprisingly, the leader of the opposition, and Nigel Farage”.
Defence Secretary John Healey, who was also at the news conference, added that the last government failed to strike a deal despite 11 rounds of talks, leaving Labour to “pick up the challenge”.
He said ministers “toughened the terms and the protections and the control that Britain can exercise through this treaty”.
Under the deal’s terms, a 24-nautical mile buffer zone will be put in place around the island where nothing can be built or placed without UK consent.
The UK will retain full operational control of Diego Garcia, including the electromagnetic spectrum satellite used for communications which counters hostile interference.
Marco Rubio, the US Secretary of State, said he welcomed the “historic agreement”, saying it “secures the long-term, stable and effective operation of the joint US-UK military facility at Diego Garcia, which is critical to regional and global security”.
“We value both parties’ dedication. The US looks forward to our continued joint work to ensure the success of our shared operations,” he said.
The agreement had been due to be signed on Thursday morning but was temporarily blocked by an injunction hours before. A High Court Judge subsequently discharged the injunction at midday.
UK
Passengers injured after train hits trailer on level crossing near Leominster – as police arrest man
More than a dozen people have been injured after a train hit an agricultural trailer on a level crossing in Herefordshire, according to emergency services.
British Transport Police (BTP) said officers were called to the site north of Leominster at 10.40am on Thursday.
A man has been airlifted to hospital and a woman has also been taken to hospital.
A further 15 people, who were passengers on the train, were assessed by paramedics but discharged at the scene, West Midlands Ambulance Service said.
A spokesperson confirmed that nobody from the tractor-trailer required assessment.
Police have confirmed that a 32-year-old man from Bromyard has been arrested on suspicion of endangering safety on the railway.
Firefighters and officers from West Mercia Police also attended the scene.
A spokesperson for Transport for Wales (TfW) confirmed its 8.30am service between Manchester Piccadilly and Cardiff Central hit an “obstruction” at a crossing between Ludlow and Leominster.
All lines between the Hereford and Craven Arms stations are blocked and trains will not run between the two.
Replacement road transport is being put in place and TfW tickets are currently being accepted by Northern, Avanti, GWR and CrossCountry, it said.
Disruption is expected to last until the end of the day and a spokesperson for the company advised anyone travelling on Thursday to check before they travel.
A spokesperson for West Midlands Ambulance Service said it was “called to an incident on the railway track at Nordan Farm, Leominster, at 10.46am”.
“On arrival crews found a man who was a passenger on the train, they treated him for non-life threatening injuries before conveying him by air ambulance to Hereford County Hospital,” they added.
“A woman was also treated for injuries not believed to be serious and conveyed by land ambulance to Hereford County Hospital.”
The Rail Accident Investigation Branch (RAIB) said it had sent a team of inspectors to Leominster “between a passenger train and an agricultural trailer at a user worked level crossing”, which require people to operate the crossing themselves.
“Our inspectors will gather evidence as part of the process of conducting a preliminary examination and a decision on whether an investigation will be launched will be taken in the coming days,” the spokesperson added.
British Transport Police said its enquiries were ongoing into the full circumstances of the incident.
The economy will have to be “strong enough” for the government to U-turn on winter fuel payment cuts, the business secretary has said.
Jonathan Reynolds, talking to Beth Rigby on the Electoral Dysfunction podcast, also said the public would have to “wait for the actual budget” to make an announcement on it.
You can listen to the full interview on tomorrow’s Electoral Dysfunction podcast.
Sir Keir Starmer said on Wednesday he would ease the cut to the winter fuel payment, which has been removed from more than 10 million pensioners this winter after it became means-tested.
He and his ministers had insisted they would stick to their guns on the policy, even just hours before Sir Keir revealed his change of heart at Prime Minister’s Questions.
But Mr Reynolds revealed there is more at play to be able to change the policy.
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Winter fuel payment cuts to be reversed
“The economy has got to be strong enough to give you the capacity to make the kind of decisions people want us to see,” he said.
“We want people to know we’re listening.
“All the prime minister has said is ‘look, he’s listening, he’s aware of it.
“He wants a strong economy to be able to deliver for people.
“You’d have to wait for the actual budget to do that.”
Read more:
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Chancellor Rachel Reeves has committed to just one major fiscal event a year, meaning just one annual budget in the autumn.
Autumn budgets normally take place in October, with the last one at the end of the month.
If this year’s budget is around the same date it will leave little time for the extra winter fuel payments to be made as they are paid between November and December.
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