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

Published

5 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 Tiverton, 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

Five people guilty in case of mistaken-identity double murder of teenage boys

Published

13 hours ago

November 15, 2024

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Five people guilty in case of mistaken-identity double murder of teenage boys

Four teenagers and a 45-year-old man have been found guilty of murdering two boys, aged 15 and 16, who were attacked with machetes in a case of mistaken identity.

The convictions follow a five-week trial at Bristol Crown Court.

The jury heard how Max Dixon and Mason Rist were killed in a case of mistaken identity on 27 January, after being wrongly identified as being responsible for a house attack in the Hartcliffe area of the city earlier that evening.

Antony Snook, 45, Riley Tolliver, 18, and three boys aged 15, 16 and 17 were all on trial each charged with two counts of murder.

As the jury foreman returned the guilty verdicts, none of the defendants showed any reaction from the dock, as they sat impassively and stared straight ahead.

The fatal stabbings in Knowle West lasted just 33 seconds – with both boys suffering what the court heard were “unsurvivable” injuries and “instant severe blood loss”.

Both died in hospital in the early hours of 28 January.

Detective Superintendent Gary Haskins, the case’s senior investigating officer from Avon and Somerset Police, told Sky News that Max and Mason had nothing to do with the house attack.

“Those boys were not known to their attackers, they were best friends, two beautiful children just going about their lives and attacked for no reason whatsoever,” he said.

Much of the prosecution’s case was based on CCTV and doorbell videos, including a camera on Mason’s own house which captured footage of the knife attack against him.

The pair were seen leaving Mason’s home at around 11.15pm and were going for a pizza.

Prosecutor Ray Tully KC told the jury that the boys were set upon by the group who had been travelling in Snook’s Audi Q2.

He said the group were “out for revenge”, “acting as a pack” to hunt down those responsible and “tooled up” with fearsome weapons.

After the attackers fled, Max and Mason were left bleeding in the street.

The investigation involved more than 230 police officers and staff – with thousands of pieces of evidence analysed.

Hundreds mourned victims at school

The teenage victims were in year 11 together at the Oasis Academy John Williams secondary school and were preparing to sit their GCSEs this summer.

The school’s headteacher Victoria Boomer-Clark told Sky News that everyone rallied to support fellow pupils and staff.

She said: “After the boys were tragically murdered, for us first and foremost we were thinking about the families and how they were coping with the absolute tragedy and shock of that.

“I can remember trying to prepare for that Monday morning and my memories now are how exceptionally strong our young people are and how we have a real sense of community.

“Unbeknownst to us the young people had arranged to hold a vigil on the playground during breaktime on that first Monday. We had hundreds of young people and staff coming together in silence.”

Ms Boomer-Clark said the boys would have attended school prom this summer.

“We had a wall that was lit up in red for Mason and Liverpool football club and a wall in blue for Park Knowle Football Club,” she said. “The year group came together and supported each other through it.”

Detective had never seen ‘horrific’ weapons before

The murders came before a new law was introduced banning ownership of zombie-style knives and machetes.

Detective Superintendent Gary Haskins said: “The weapons used in the attack on Mason and Max were simply horrific.

“I’ve been a detective for many, many years and I’ve had the misfortune of investigating some serious offences.

“In all my service I’ve not seen a weapon like the one we saw used on those two boys.

“There is no place for a weapon of that type in society for any reason whatsoever.”

The detective praised the boy’s families, who attended court throughout the trial.

He added: “I’m humbled by the families involved in this investigation. They’ve been at court every day, they’ve seen things at court that no parent should ever be exposed to. They saw the attacks on their children, but they maintain their dignity, their courage and their love for their family.

“How can you replace what they’ve lost? They’ve lost two beautiful sons, and I can only hope that the verdicts will bring some form of closure. It will never close completely.”

Snook will be sentenced on 19 November at Bristol Crown Court.

The other four defendants will be sentenced on 16 December following the preparation of pre-sentence reports.

Police are continuing to investigate the Hartcliffe house attack and search for those responsible.

UK

UK economy grows by 0.1% between July and September – slower than expected

Published

16 hours ago

November 15, 2024

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UK economy grows by 0.1% between July and September - slower than expected

The UK economy grew by 0.1% between July and September, according to the Office for National Statistics (ONS).

However, despite the small positive GDP growth recorded in the third quarter, the economy shrank by 0.1% in September, dragging down overall growth for the quarter.

The growth was also slower than what had been expected by experts and a drop from the 0.5% growth between April and June, the ONS said.

Economists polled by Reuters and the Bank of England had forecast an expansion of 0.2%, slowing from the rapid growth seen over the first half of 2024 when the economy was rebounding from last year’s shallow recession.

And the metric that Labour has said it is most focused on – the GDP per capita, or the economic output divided by the number of people in the country – also fell by 0.1%.

Reacting to the figures, Chancellor of the Exchequer Rachel Reeves said: “Improving economic growth is at the heart of everything I am seeking to achieve, which is why I am not satisfied with these numbers.

“At my budget, I took the difficult choices to fix the foundations and stabilise our public finances.

“Now we are going to deliver growth through investment and reform to create more jobs and more money in people’s pockets, get the NHS back on its feet, rebuild Britain and secure our borders in a decade of national renewal,” Ms Reeves added.

The sluggish services sector – which makes up the bulk of the British economy – was a particular drag on growth over the past three months. It expanded by 0.1%, cancelling out the 0.8% growth in the construction sector.

The UK’s GDP for the most recent quarter is lower than the 0.7% growth in the US and 0.4% in the Eurozone.

The figures have pushed the UK towards the bottom of the G7 growth table for the third quarter of the year.

It was expected to meet the same 0.2% growth figures reported in Germany and Japan – but fell below that after a slow September.

The pound remained stable following the news, hovering around $1.267. The FTSE 100, meanwhile, opened the day down by 0.4%.

The Bank of England last week predicted that Ms Reeves’s first budget as chancellor will increase inflation by up to half a percentage point over the next two years, contributing to a slower decline in interest rates than previously thought.

Announcing a widely anticipated 0.25 percentage point cut in the base rate to 4.75%, the Bank’s Monetary Policy Committee (MPC) forecast that inflation will return “sustainably” to its target of 2% in the first half of 2027, a year later than at its last meeting.

The Bank’s quarterly report found Ms Reeves’s £70bn package of tax and borrowing measures will place upward pressure on prices, as well as delivering a three-quarter point increase to GDP next year.

UK

Meeting the deeply radical anti-tax group that is ‘growing in popularity’

Published

16 hours ago

November 15, 2024

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Meeting the deeply radical anti-tax group that is 'growing in popularity'

“If you are a member of something, it means you’ve accepted membership. Anything with ‘ship’ on the end, it’s giving you a clue: it’s telling you that’s maritime law. That means you’ve entered into a contract.”

This isn’t your standard legal argument and it is becoming clear that I am dealing with an unusual way of looking at the world.

I’m in the library of a hotel in Leicestershire, a wood-panelled room with warm lighting, and Pete Stone, better known as Sovereign Pete, is explaining how “the system” works. Mr Stone is in his mid-50, bald with a goatee beard and wearing, as he always does for public appearances, a black T-shirt and black jeans.

With us are six other people, mainly dressed in neat jumpers. They’re members of the Sovereign Project (SP), an organisation Mr Stone founded in 2020, which, he says, now has more than 20,000 paying members.

As arcane as this may sound, it represents a worldview that is becoming more influential – and causing problems for authorities. Loosely, they’re defined as “sovereign citizens” or “freemen on the land”.

Their fundamental point is that nobody is required to obey laws they have not specifically consented to – especially when it comes to tax. They have hundreds of thousands of followers in the UK across platforms including YouTube, Facebook and Telegram.

Increasingly, they are coming into conflict with governments and the law. Sovereign citizens have ended up in the High Court in recent months, challenging the legalities of tax bills and losing on both occasions.

In October, four people were sentenced to prison for the attempted kidnapping of an Essex coroner, who they saw as acting unlawfully. The self-appointed “sheriffs” attempted to force entry to the court, one of them demanding: “You guys have been practising fraud!”

The Sovereign Project is not connected to any of those cases, nor does it promote any sort of political action, let alone violence.

Instead, they are focused on issues like questioning the obligation to pay taxes, as Mr Stone explains, referencing the feudal system that operated in the Middle Ages.

“Do you know about the feudal system when people were slaves and were forced to pay tax?” he asks.

“Now, unless the feudal system still operates today, and we still have serfs and slaves, then the only way that you can pay taxes is to have a contract, you have to agree to it and consent to it.”

Another member, Karl Deans, a 43-year-old property developer who runs the SP’s social media, says: “We’re not here to dodge tax.”

Local government tends to be a target beyond just demands for tax. Mr Stone speaks of “council employee crimes”.

I ask whether, considering the attempted kidnapping in Essex, there is a danger that people will listen to these accusations of crimes by councils and act on them.

“Well that’s proved,” Mr Stone says. “We only deal with facts.”

Evidence suggests this approach is becoming an issue for councils across the UK, as people search online for ways to avoid paying tax.

Sky News analysis shows that out of 374 council websites covering Great Britain, at least 172 (46%) have pages responding to sovereign citizen arguments around avoiding paying council tax. They point out that liability for council tax is not dependent on consent, or a contract, and instead relies on the Local Government Finance Act 1992, voted on by Parliament.

But the Sovereign Project’s worldview extends beyond council tax. It is deeply anti-establishment, at times conspiratorial. Stone suggests the summer riots may have been organised by the government.

“The sovereign fraternity operates above all of this,” he says. “We look down at the world like a chessboard. We see what’s going on.”

He explains that, really, the UK government isn’t actually in control: there is a shadow government above them.

“These are the people who control government,” he explains.

“A lot of people say this could be the crown council of 13, this could be a series of Italian families.”

Professor Christine Sarteschi, an expert in sovereign citizens at Chatham University, Pittsburgh, says she’s worried about the threat sovereign citizens may pose to the rule of law, especially in the US where guns are readily available.

“The movement is growing and that’s evidenced by seeing it in different countries and hearing about different cases. The concern is that they will become emboldened and commit acts of violence,” she says.

“Because sovereigns truly believe in their ideas and if they feel very aggrieved by, you know, the government or whomever they think is oppressing them or controlling them… they can become emotionally involved.

“That emotional involvement sometimes leads to violence in some cases, or the belief that they have the power to attempt to overthrow a government in some capacity.”

Much of this seems to be based on an underlying and familiar frustration at the state of this country and of the world.

Mr Stone echoes some of the characteristic arguments also made by the right, that there is “two-tier policing”, that refugees arriving in the UK are “young men of fighting age”, that the government is using “forced immigration to destroy the country”.

Another SP member, retired investment banker David Hopgood, 61, says: “I firmly believe it is the true Englishman – and woman – of this country – that has the power to unlock this madness that’s happening in the West.

“We’ve got the Magna Carta – all these checks and balances. We just need to pack up, go down to Parliament and say: It’s time to dismiss you. You’re not fit for purpose.”

The members of the Sovereign Project are unfailingly patient and polite in explaining their understanding of the world.

But there is no doubt they hold a deeply radical view, one that is apparently growing in popularity.