‘I was sleepwalking’: Can you kill someone while you’re asleep?

Published

1 year ago

June 22, 2024

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“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.

‘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.

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.”

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.”

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.

UK

The PM faced down his party on welfare and lost. I suspect things may only get worse

Published

58 mins ago

July 2, 2025

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The PM faced down his party on welfare and lost. I suspect things may only get worse

So much for an end to chaos and sticking plaster politics.

Yesterday, Sir Keir Starmer abandoned his flagship welfare reforms at the eleventh hour – hectic scenes in the House of Commons that left onlookers aghast.

Facing possible defeat on his welfare bill, the PM folded in a last-minute climbdown to save his skin.

The decision was so rushed that some government insiders didn’t even know it was coming – as the deputy PM, deployed as a negotiator, scrambled to save the bill or how much it would cost.

“Too early to answer, it’s moved at a really fast pace,” said one.

The changes were enough to whittle back the rebellion to 49 MPs as the prime minister prevailed, but this was a pyrrhic victory.

Sir Keir lost the argument with his own backbenchers over his flagship welfare reforms, as they roundly rejected his proposed cuts to disability benefits for existing claimants or future ones, without a proper review of the entire personal independence payment (PIP) system first.

PM wins key welfare vote – follow latest

That in turn has blown a hole in the public finances, as billions of planned welfare savings are shelved.

Chancellor Rachel Reeves now faces the prospect of having to find £5bn.

As for the politics, the prime minister has – to use a war analogy – spilled an awful lot of blood for little reward.

He has faced down his MPs and he has lost.

They will be emboldened from this and – as some of those close to him admit – will find it even harder to govern.

After the vote, in central lobby, MPs were already saying that the government should regard this as a reset moment for relations between No 10 and the party.

The prime minister always said during the election that he would put country first and party second – and yet, less than a year into office, he finds himself pinned back by his party and blocked from making what he sees are necessary reforms.

I suspect it will only get worse. When I asked two of the rebel MPs how they expected the government to cover off the losses in welfare savings, Rachael Maskell, a leading rebel, suggested the government introduce welfare taxes.

Meanwhile, Work and Pensions Select Committee chair Debbie Abrahams told me “fiscal rules are not natural laws” – suggesting the chancellor could perhaps borrow more to fund public spending.

These of course are both things that Ms Reeves has ruled out.

But the lesson MPs will take from this climbdown is that – if they push hard in enough and in big enough numbers – the government will give ground.

The fallout for now is that any serious cuts to welfare – something the PM says is absolutely necessary – are stalled for the time being, with the Stephen Timms review into PIP not reporting back until November 2026.

Had the government done this differently and reviewed the system before trying to impose the cuts – a process only done ahead of the Spring Statement in order to help the chancellor fix her fiscal black hole – they may have had more success.

Those close to the PM say he wants to deliver on the mandate the country gave him in last year’s election, and point out that Sir Keir Starmer is often underestimated – first as party leader and now as prime minister.

But on this occasion, he underestimated his own MPs.

His job was already difficult enough – and after this it will be even harder still.

If he can’t govern his party, he can’t deliver change he promised.

UK

Starmer survives rebellion as watered-down welfare cuts pass key vote

Published

4 hours ago

July 2, 2025

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Starmer survives rebellion as watered-down welfare cuts pass key vote

Sir Keir Starmer’s controversial welfare bill has passed its first hurdle in the Commons despite a sizeable rebellion from his MPs.

The prime minister’s watered-down Universal Credit and Personal Independent Payment Bill, aimed at saving £5.5bn, was backed by a majority of 75 on Tuesday evening.

A total of 49 Labour MPs voted against the bill – the largest rebellion since 47 MPs voted against Tony Blair’s Lone Parent benefit in 1997, according to Professor Phil Cowley from Queen Mary University.

Politics latest: Chancellor left in ‘impossible situation’ after PM survives welfare rebellion

After multiple concessions made due to threats of a Labour rebellion, many MPs questioned what they were voting for as the bill had been severely stripped down.

They ended up voting for only one part of the plan: a cut to Universal Credit (UC) sickness benefits for new claimants from £97 a week to £50 from 2026/7.

The Institute for Fiscal Studies (IFS) said the bill voted through “is not expected to deliver any savings over the next four years” because the savings from reducing the Universal Credit health element for new claimants will be roughly offset by the cost of increasing the UC standard allowance.

Just 90 minutes before voting started on Tuesday evening, disabilities minister Stephen Timms announced the last of a series of concessions made as dozens of Labour MPs spoke of their fears for disabled and sick people if the bill was made law.

How did your MP vote on Labour’s welfare bill?

In a major U-turn, he said changes in eligibility for the personal independence payment (PIP), the main disability payment to help pay for extra costs incurred, would not take place until a review he is carrying out into the benefit is published in autumn 2026.

An amendment brought by Labour MP Rachael Maskell, which aimed to prevent the bill progressing to the next stage, was defeated but 44 Labour MPs voted for it.

A Number 10 source told Sky News’ political editor Beth Rigby: “Change isn’t easy, we’ve always known that, we’re determined to deliver on the mandate the country gave us, to make Britain work for hardworking people.

“We accept the will of the house, and want to take colleagues with us, our destination – a social security system that supports the most vulnerable, and enables people to thrive – remains.”

But the Conservative shadow chancellor Mel Stride called the vote “farcical” and said the government “ended up in this terrible situation” because they “rushed it”.

He warned the markets “will have noticed that when it comes to taking tougher decisions about controlling and spending, this government has been found wanting”.

Work and Pensions Secretary Liz Kendall said: “I wish we’d got to this point in a different way. And there are absolutely lessons to learn.

“But I think it’s really important we pass this bill at the second reading, it put some really important reforms to the welfare system – tackling work disincentives, making sure that people with severe conditions would no longer be assessed and alongside our investment in employment support this will help people get back to work, because that’s the brighter future for them.”

She made further concessions on Monday in the hope the rebels’ fears would be allayed, but many were concerned the PIP eligibility was going to be changed at the same time the review was published, meaning its findings would not be taken into account.

Her changes were:

• Current PIP claimants, and any up to November 2026, would have the same eligibility criteria as they do now, instead of the stricter measure proposed

• A consultation into PIP to be “co-produced” with disabled people and published in autumn 2026

• For existing and future Universal Credit (UC) claimants, the combined value of the standard UC allowance and the health top-up will rise “at least in line with inflation” every year for the rest of this parliament

• The UC health top-up, for people with limited ability to work due to a disability or long-term sickness, will get a £300m boost next year – doubling the current amount – then rising to £800m the year after and £1bn in 2028/29.

UK

How did your MP vote on Labour’s welfare bill?

Published

9 hours ago

July 1, 2025

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How did your MP vote on Labour's welfare bill?

Labour’s welfare reforms bill has passed, with 335 MPs voting in favour and 260 against.

It came after the government watered down the bill earlier this evening, making a dramatic last-minute concession to the demands of would-be rebel MPs who were concerned about the damage the policy would do to disabled people.

The concessions could end up leaving the government with £5.5bn to make up from either tax rises or cuts elsewhere.

See how your MP voted with our lookup:

The government has a working majority of 166, so it would have taken 84 rebels to defeat the bill.

In total, 49 Labour MPs still voted against the bill despite the concessions. No MPs from other parties voted alongside the government, although three MPs elected for Labour who have since had the whip removed did so.

Which Labour MPs rebelled?

Last week, 127 Labour MPs signed what they called a “reasoned amendment”, a letter stating their objection to the bill as it was.

The government responded with some concessions to try and win back the rebels, which was enough to convince some of them. But they were still ultimately forced to make more changes today.

In total, 68 MPs who signed the initial “reasoned amendment” eventually voted in favour of the bill.

Nine in 10 MPs elected for the first time at the 2024 general election voted with the government.

That compares with fewer than three quarters of MPs who were voted in before that.

A total of 42 Labour MPs also voted in favour of an amendment that would have stopped the bill from even going to a vote at all. That was voted down by 328 votes to 149.

How does the rebellion compare historically?

If the wording of the bill had remained unchanged and 127 MPs or more had voted against it on Tuesday, it would have been up there as one of the biggest rebellions in British parliamentary history.

As it happened, it was still higher than the largest recorded during Tony Blair’s first year as PM, when 47 of his Labour colleagues (including Diane Abbott, John McDonnell and Jeremy Corbyn, who also voted against the bill on Tuesday) voted no to his plan to cut benefits for single-parent families.

Follow more updates live on the Sky News Politics Hub.

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