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

Published

7 months 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

Soldiers concerned at time SAS had ‘golden pass to get away with murder’ in Afghanistan, inquiry hears

Published

34 mins ago

January 8, 2025

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Soldiers concerned at time SAS had 'golden pass to get away with murder' in Afghanistan, inquiry hears

Soldiers working within the UK’s special forces discussed concerns that Afghans who posed no threat were being murdered in raids against suspected Taliban insurgents, an inquiry has been told.

One soldier, who was reading operational reports of SAS actions, said in an email in 2011 that they feared that UK special forces seemed “beyond reproach”, with “a golden pass allowing them to get away with murder”.

Another soldier said they were aware of rumours of special forces soldiers using “dropped weapons” – which were munitions allegedly placed next to targets to give the impression they were armed when they were shot.

It was also suggested that the act was known as a “Mr Wolf” – supposedly a reference to the fixer “Winston Wolfe” from the film Pulp Fiction.

The claims come from hundreds of pages of documents detailing evidence given to a public inquiry into alleged war crimes committed by British special forces soldiers in Afghanistan between 2010 and 2013.

The independent inquiry was ordered by the Ministry of Defence (MoD) after the BBC reported claims that SAS soldiers from one squadron had killed 54 people in suspicious circumstances during the war in Afghanistan more than a decade ago.

The inquiry is examining a number of night-time raids carried out by British forces from mid-2010 to mid-2013.

On Wednesday, it released evidence from seven UK special forces (UKSF) witnesses who gave their evidence in secret for national security reasons and cannot be named.

None of the soldiers who gave evidence to the inquiry, which opened in 2023, said they had witnessed any such behaviour themselves.

‘Fighting age males’

One of the soldiers, known only as N1799, told the inquiry they had raised concerns in 2011 about a unit referred to as UKSF1 after having a conversation about its operations with one of its members on a training course.

“During these operations it was said that ‘all fighting age males are killed’ on target regardless of the threat they posed, this included those not holding weapons,” their witness statement said.

“It was also indicated that ‘fighting age males’ were being executed on target, inside compounds, using a variety of methods after they had been restrained. In one case it was mentioned a pillow was put over the head of an individual before being killed with a pistol.”

The soldier said he was also informed that weapons were being “dropped” next to victims “to give the impression that a deceased individual had been armed when shot”, the inquiry heard.

Such a dropped weapon was colloquially known as a “Mr Wolf”, but N1799 stated he had “no idea at all” where the term came from.

Counsel to the inquiry Oliver Glasgow KC asked: “When you heard it described as a ‘Mr Wolf’, was that used by one person or by more than one person or can you not remember?”

N1799 replied: “At least two or three people.”

Mr Glasgow continued: “Have you seen the film Pulp Fiction by Quentin Tarantino, where the individual who introduces himself as Mr Wolf says ‘I’m Mr Wolf and I’m here to solve problems’? Do you remember that?

The witness said: “No, I don’t.”

Mr Glasgow said: “Well, it is probably not essential viewing for anyone, but that particular individual in that film, he acts to clear up problems and to make crimes go away, does he not?”

N1799 responded: “Right. I had not put two and two together.”

The inquiry heard that N1799 escalated their concerns to other senior officers who took them seriously.

But, questioned by Mr Glasgow on whether they had any concerns for their own personal wellbeing after making allegations, the witness said: “I did then and I still do now.”

‘Mud-slinging’

Another officer, referred to as N2107, emailed colleagues expressing his disbelief at summaries of operations which suggested detained suspects had been allowed back into compounds where they were then said to have picked up weapons and attempted to attack the unit.

Meanwhile, a special forces commanding officer told the inquiry he believed reporting allegations of murder to his counterpart in another unit may have been seen as “mud-slinging”.

He said there was an “at times fractious and competitive” relationship between his unit and the accused unit.

In one of the hearings, he was asked whether he thought about reporting the allegations to his direct counterpart within the unit, but said it was a “deliberate act” to report up rather than sideway as it may be seen as “mud-slinging”.

British military police have previously conducted several inquiries into allegations of misconduct by forces in Afghanistan, including those made against the SAS.

However, the MoD has said none found enough evidence for prosecutions.

The inquiry’s aim is to ascertain whether there was credible information of extra-judicial killings, whether investigations
by the military police years later into N1799’s concerns were properly conducted, and if unlawful killings were covered up.

UK

How people are coping with the floods: Carpets, furniture and food destroyed as homes deluged under feet of water

Published

10 hours ago

January 7, 2025

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How people are coping with the floods: Carpets, furniture and food destroyed as homes deluged under feet of water

People whose homes have been destroyed by the floods sweeping across parts of the UK over the past couple of days have been telling Sky News how they coped with the deluge.

In Lincolnshire, where a major incident has been declared, Terry, from Grantham, showed a Sky crew the aftermath of the deluge in his home, which was left under two feet of water.

“Everything’s gone,” he said, adding that he was “devastated”.

The first sign of trouble came at lunchtime on Monday, when his wife woke him and said there was water coming in [to the house], and “within a few minutes, the whole house was flooded”.

Weather – latest updates

They rushed their belongings and pets upstairs, he said, as he revealed the damage to the flooded living room and kitchen, where the water mark was above a power socket.

Terry said the kitchen, where the floor was covered in sludge, smelled of mud and sewage, and their furniture and carpets were wrecked.

They have no electricity and the food in the cupboards and freezer was “completely ruined”.

Graham Johnson, who lives in a boat with his wife and dog, in the village of Barrow upon Soar in Leicestershire, was in the pub on Monday night, before the water started to rise “rapidly”.

People living in a local caravan park were moved as a severe flood warning was issued.

Mr Johnson said he had gone out “for a couple of pints as usual and, the next thing we know, bingo”.

The couple feared their boat home was about to be swept towards the bridge.

“That’s our pride and joy, where we live, and we didn’t want to lose it,” he said, as he praised the “fantastic” emergency services, who rescued them and their dog after a nervy three-hour wait.

They were two of the 59 people rescued by firefighters in the county, where a major incident was declared and crews were called out to 160 flood-related incidents, the Fire Brigades Union (FBU) said.

Another Leicestershire resident whose home was inundated was Qasim Abdullah from Loughborough.

Pictures taken by the Associated Press show him walking through almost knee-deep water in his living room.

In nearby Quorn, businesses have shut as the main high street has flooded for the second time in as many years.

Two of the pubs in particular have been damaged.

Last year, residents had to launch a crowd fundraiser to help pay for the costs of renovation. Not to mention soaring insurance premiums.

Indy Burmi, who owns a hair salon and restaurant, hasn’t suffered flooding, but said he’s had to close up and cancel all Tuesday’s reservations, as his clients simply can’t get into the village.

And, with more rain forecast, conditions could get even worse in the short term, while residents worry that an annual battle with rising water is now the new normal.

Elsewhere in the UK, the next danger is from ice forming on untreated surfaces after rain on Tuesday evening, the Met Office has said, as it issued a new warning for northern England and Wales from 5pm until midday on Wednesday.