“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.
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.
Image: 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.
What is sleepwalking and how common is it?
Around 5% to 10% of the adult population are believed to be regular sleepwalkers, according to experts, with the condition more common in children, peaking between the ages of nine and 13, and typically occurs in the first 90 minutes of sleep.
“We all have the capacity to sleepwalk,” says Dr Neil Stanley, who says some people will do it just once in their lives, while for others it’s a more regular occurrence.
He explains sleepwalking happens when the parts of the brain that control movement and speech wake up.
This can be triggered by anything that disturbs, sleep, such as medication, alcohol, drugs, or “sleeping on your mate’s couch after a few bevvies”.
Sleepwalking is so common that hotel staff may get training in how to deal with a semi-naked guest wandering the corridors.
But the stereotypical perception of a zombie-like state with eyes closed and arms stretched “is a nonsense”, says Dr Stanley.
“They can appear for all intents and purposes, to be awake. But what they can’t do is they cannot interact with the environment as though they were awake,” he says.
It usually involves “doing something that if you did it at 1pm fully clothed wouldn’t be of any interest”, but the “fact that you’re doing it at 1am and you’re in your PJs is probably the thing that differentiates it”.
Dr Stanley adds: “Sleepwalkers do things that are instinctual behaviours. So, they will go to the fridge and get a pint of milk, they will go to the toilet, which, if they’re in a hotel or staying over somewhere, means they pee in the wardrobe or more tragically go over the balcony and kill themselves.
“We know that some sleepwalkers actually can drive while they are asleep. But none of these are interesting other than the fact that the person has no idea that they’re doing them.”
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.”
Image: 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”.
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.
It has become almost impossible to book a driving test on the government website due to bots on the booking system, driving instructors have told Sky News.
The only official way to book a practical car driving test is through the Driver and Vehicle Standards Agency (DVSA) website.
New test slots are released by the DVSA at 6am every Monday, but “no matter how fast I am, there’s nothing available”, said Aman Sanghera, a driving instructor based in west London.
Image: Driving instructor Aman Sanghera wants ‘stronger oversight and regulation’ from the DVSA
When asked about the cause, she said: “All of the tests are taken by bots, they are definitely taking over the booking system.”
In this context, bots are automated software designed to mimic human behaviour and programmed to carry out actions like searching for and reserving driving test appointments on the official government website much faster than humans can.
Individuals and companies use bots to block-book driving test slots and then resell them at a profit, which is not illegal, although it is a violation of the DVSA’s terms of use.
Recent data shows the DVSA has closed over 800 business accounts for misuse of its booking service in the past two years.
Image: It takes five months on average for a test in England – unless you pay a middleman
Ms Sanghera, who has been in the trade for over a decade, said the usage of bots started a few months ago “but is now getting out of hand”.
She said: “I’ve actually heard about driving instructors being approached by certain individuals to then take on their IDs to log in and to run this scam.
“I struggle to actually book a test for my students, which means that by the time my students are logging in, they’ve got no chance.”
Driving instructors can book driving tests on behalf of their pupils using a dedicated service, allowing them to bypass the general queue and potentially secure test slots more efficiently.
As a result, Ms Sanghera said students are “forced to go to third-party sites” to secure “the same test dates which are then available later on during the day at a premium rate of like £200-£300”.
She added: “Given that the DVSA is a government-regulated body, one would expect a more robust and fair system to ensure affordability and accessibility for all candidates.”
Image: The long waiting lists and high demand for tests has led some to take advantage
The standard test fee is £62, offered by the DVSA, which is responsible for carrying out driving tests in Great Britain.
The biggest concern for the driving instructors Sky News has spoken to, including Ms Sanghera, is “the fact that students are being exploited”.
When Ahmed Ali struggled to find a practical test on the DVSA website, he turned to third-party sites – a decision he now regrets.
Image: Ahmed Ali started looking for a test two years ago
He said: “I’ve spent about £650 on driving tests, and I’ve sat zero tests. I’ve given all this money to third-parties that look for cancellations so they could try to get you a faster test.”
But the 20-year-old said that despite making the payments, he “didn’t hear back from them again”, which is illegal.
“When you lose all that money, you get to a point where you can’t really afford to find another driving test,” he said.
“I just feel very frustrated because I’ve spent all this money, all this time into driving, and I haven’t sat a single driving test.”
The DVSA urged applicants to only book tests via the official Gov.uk website and told Sky News it “deploys enhanced bot protection to help stop automated systems from buying up tests unfairly”.
“These applications, however, are constantly evolving and changing, and DVSA’s work on this is ongoing,” it said.
From Tuesday, the DVSA will require learner drivers to provide 10 full working days’ notice to change or cancel their car driving test without losing the test fee, up from the current three days.
Also part of the DVSA’s crackdown to reduce waiting times is a consultation expected to launch in spring 2025 “to streamline the driving test booking process” and “tighten terms and conditions”.
Russell Brand has been charged with rape and two counts of sexual assault between 1999 and 2005.
The Metropolitan Police say the 50-year-old comedian, actor and author has also been charged with one count of oral rape and one count of indecent assault.
The charges relate to four women.
He is due to appear at Westminster Magistrates’ Court on Friday 2 May.
Police have said Brand is accused of raping a woman in the Bournemouth area in 1999 and indecently assaulting a woman in the Westminster area of London in 2001.
He is also accused of orally raping and sexually assaulting a woman in Westminster in 2004.
The fourth charge alleges that a woman was sexually assaulted in Westminster between 2004 and 2005.
Police began investigating Brand, from Oxfordshire, in September 2023 after receiving a number of allegations.
The comedian has previously denied the accusations, and said all his sexual relationships were “absolutely always consensual”.
Met Police Detective Superintendent Andy Furphy, who is leading the investigation, said: “The women who have made reports continue to receive support from specially trained officers.
“The Met’s investigation remains open and detectives ask anyone who has been affected by this case, or anyone who has any information, to come forward and speak with police.”
The last blast furnaces left operating in Britain could see their fate sealed within days, after their Chinese owners took the decision to cut off the crucial supply of ingredients keeping them running.
Jingye, the owner of British Steel in Scunthorpe, has, according to union representatives, cancelled future orders for the iron ore, coal and other raw materials needed to keep the furnaces running.
The upshot is that they may have to close next month – even sooner than the earliest date suggested for its closure.
The fate of the blast furnaces – the last two domestic sources of virgin steel, made from iron ore rather than recycled – is likely to be determined in a matter of days, with the Department for Business and Trade now actively pondering nationalisation.
The upshot is that even as Britain contends with a trade war across the Atlantic, it is now working against the clock to secure the future of steelmaking at Scunthorpe.
The talks between the government and Jingye broke down last week after the Chinese company, which bought British Steel out of receivership in 2020, rejected a £500m offer of public money to replace the existing furnaces with electric arc furnaces.
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The sum is the same one it offered to Tata Steel, which has shut down the other remaining UK blast furnaces in Port Talbot and is planning to build electric furnaces – which have far lower carbon emissions.
Image: These steel workers could soon be out of work
However, the owners argue that the amount is too little to justify extra investment at Scunthorpe, and said last week they were now consulting on the date of shutting both the blast furnaces and the attached steelworks.
Since British Steel is the main provider of steel rails to Network Rail – as well as other construction steels available from only a few sites in the world – the closure would leave the UK more reliant on imports for critical infrastructure sites.
However, since the site belongs to its Chinese owners, a decision to nationalise the site would involve radical steps government officials are wary of taking.
They also fear leaving taxpayers exposed to a potentially loss-making business for the long run.
The dilemma has been heightened by the sharp turn in geopolitical sentiment following Donald Trump’s return to the White House.
The incipient trade war and threatened cut in American support to Europe have sparked fresh calls for countries to act urgently to secure their own supplies of critical materials, especially those used for defence and infrastructure.
Gareth Stace, head of UK Steel, the industry lobby group, said: “Talks seem to have broken down between government and British Steel.
“My advice to government is: please, Jonathan Reynolds, Business Secretary, get back round that negotiating table, thrash out a deal, and if a deal can’t be found in the next few days, then I fear for the very future of the sector, but also here for Scunthorpe steelworks.”