‘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 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.
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.
UK
Police investigating alleged attack on prison officer by Southport triple murderer Axel Rudakubana
Schoolchildren are asking teachers how to strangle a partner during sex safely, a charity says, while official figures show an alarming rise in the crime related to domestic abuse cases.
Warning: This article contains references to strangulation, domestic abuse and distressing images.
It comes as a woman whose former partner almost strangled her to death in a rage has advised anyone in an abusive relationship to seek help.
Bernie Ryan, chief executive of the Institute for Addressing Strangulation, has been running the charity since its inception in 2022 after non-fatal strangulation became a standalone offence.
“It’s the ultimate form of control,” she says.
She says perpetrators and victims are getting younger, while the reason is unclear, but strangulation has seeped into popular culture and social media.
“We hear lots of sex education providers, teachers saying that they’re hearing it in schools.
“We know teachers have been asked, ‘how do I teach somebody to strangle safely?’
“Our message is there is no safe way to strangle – the anatomy is the anatomy. Reduction in oxygen to the brain or blood flow will result in the same medical consequences, regardless of context.”
Bernie Ryan, CEO of the Institute for Addressing Strangulation
A recent review by Conservative peer Baroness Gabby Bertin recommended banning “degrading, violent and misogynistic content” online.
Violent pornography showing women being choked during sex she found was “rife on mainstream platforms”.
Ms Ryan says she “wants to make sure that young people don’t have access to activities that demonstrate that this is normal behaviour”.
Read more from Sky News:
Suspect accused of Derby bank murder appears in court
Man whose body was found in suitcase ‘had raped teenager’
Strangulation is a violent act that is often committed in abusive relationships.
It is the second most common method used by men to kill women, the first is stabbing.
According to statistics shared by the Crown Prosecution Service, in 2024 there was an almost 50% rise in incidents of non-fatal strangulation and suffocation – compared to the year before.
Kerry Allan pleads for other victims of abuse to seek help
Domestic abuse victim Kerry Allan has a message for anyone who is in an abusive relationship.
Kerry met Michael Cosgrove in September 2022. While she said “at the beginning it was really good”, within months he became physically abusive.
In August last year her friends found his profile on a dating app.
“I confronted him and he denied it. I knew we were going to get into a big argument and I couldn’t face it, so I said I was going to my mum’s for a few days and take myself away from the situation.
“I came back a few days later and stupidly I agreed we could try again and everything escalated from that.”
Injuries to Kerry’s chest. Pic: CPS
In the early hours of 25 August the pair had come in from a night out at a concert and got into an argument.
“He was having a go at me, accusing me of flirting with other people, and I was angry. I told him he had a nerve after what he’d done to me in the week and how he humiliated me.
“I told him that I wanted to leave, that we were done and that I wanted to go to my mum’s and that’s when it got bad.
“He pinned me to the bed and that’s when he first strangled me.”
Kerry’s neck injury. Pic: CPS
Kerry says this was the first time she’d ever been violently assaulted. Cosgrove was eerily silent as he eventually let go and Kerry gasped for air.
“I remember trying to get my breath back, I was crying and hyperventilating… I was sick on the bedroom floor and I was asking him to go.”
Cosgrove strangled her for a second time before letting go again.
“He was saying I wasn’t getting out of this bedroom alive. I was dead tonight, he hoped that I knew that. Just kept saying how I’d ruined his life.”
Injury to Kerry’s eye. Pic: CPS
“I remember feeling a sort of shock thinking at this point, I’m not going to get out of this bedroom, he’s actually going to kill me.”
Kerry began screaming and shouting for help as loud as she could.
Her neighbours heard the commotion and called the police. While they were en route, Kerry was once again being assaulted.
Bleeding in Kerry’s eye
“I ran over to the bedroom window and tried to jump out, he grabbed me as I went to open the window, and we struggled. And then I was back in the same position, he was on top of me on the bed, and his hands were round the throat again. But this time it didn’t stop.
“I remember trying to struggle and trying to kick out and hit him and I just kept thinking that I definitely was going to die, because at this point, it wasn’t stopping.”
The next memory Kerry has is opening her eyes to see police and paramedics in the bedroom.
Michael Cosgrove. Pic: CPS
Cosgrove had heard the sirens, jumped out of the bedroom window and went to hide in Kerry’s car.
Kerry remembers opening her eyes to paramedics caring for her: “I remember thinking, I’m alive. I couldn’t believe it. I couldn’t believe that I was alive and I wasn’t dead. My last memory is him being on top of me with his hands on my throat.”
Kerry met Michael Cosgrove in September 2022
She gives this advice to anyone who is in an abusive relationship: “Please speak to somebody, whether it’s friends, family, a work colleague, whether it’s somebody online, whether it’s a charity that you’re directed to, any sort of abuse is not okay.
“Whether it starts off emotional, they often start off that way, and they escalate, and they can escalate badly.
“Take what happened to me as a huge warning sign, because I wouldn’t want anyone else to be in the position I’ve been in the last eight months.”
Cosgrove was found guilty of attempting to murder Kerry and intentional strangulation.
He will be sentenced in July.
If you suspect you are being abused and need to speak to someone, there are people who can help you.
The National Domestic Violence Helpline: 0808 2000 247
Respect, the helpline for male domestic abuse victims: 0808 8010327
Galop, the LGBT+ anti-violence charity: 0800 999 5428
Two men have been found guilty of cutting down the famous Sycamore Gap tree that stood for more than 150 years.
Daniel Graham and Adam Carruthers were convicted of causing more than £620,000 worth of damage to the tree and more than £1,000 worth of damage to Hadrian’s Wall in Northumberland.
On 27 September 2023, the pair drove 30 miles through a storm to Northumberland from Cumbria, where they both lived, before felling the tree overnight in a matter of minutes.
The Sycamore Gap tree before it was cut down. Pic: CPS
The pair each denied two counts of criminal damage to the sycamore and to Hadrian’s Wall, which was damaged when the tree fell on it, but were convicted by a jury at Newcastle Crown Court on Friday.
The Sycamore Gap tree sat in a dip in the landscape and held a place in pop culture, featuring in the 1991 Kevin Costner film Robin Hood: Prince of Thieves.
It also formed part of people’s personal lives, as the scene of wedding proposals, ashes being scattered and countless photographs.
Footage of the moment the tree was felled was played during the trial.
Daniel Graham. Pic: Northumbria Police/PA
Adam Carruthers. Pic: Northumbria Police/PA
In the clip, the sound of a chainsaw can be heard, and the silhouette of a person can be seen, before the trunk eventually tumbled.
The footage was shot on Graham’s iPhone 13, with the metadata providing the coordinates of the tree.
Part of tree kept as ‘trophy’
Over the course of the trial, the pair blamed one another, but the prosecution argued they were both responsible for what the court heard was a “mindless act of vandalism”.
As well as the video footage of the felling, an image of a piece of wood and a chainsaw was found on Graham’s phone.
Adam Carruthers (R) and Daniel Graham (L) worked together felling trees. Pic: CPS/PA
An image of a piece of wood and a chainsaw was found on Graham’s phone. Pic: PA
Richard Wright KC, prosecuting, told the court: “This was perhaps a trophy taken from the scene to remind them of their actions, actions that they appear to have been revelling in.”
Voice notes played in court
The jury was also played voice notes the pair had sent one another, commenting on the media coverage the incident was receiving.
In one of them, Graham, 39, said to 32-year-old Carruthers: “Someone there has tagged like ITV News, BBC News, Sky News, like News News News”, before adding: “I think it’s going to go wild.”
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Sycamore Gap seeds saved
Another piece of evidence was a photo of the defendants felling a different tree, about a month before the Sycamore Gap was cut down.
The prosecution said Graham, who owned a groundworks company and Carruthers, who worked in property management and mechanics, were “friends with knowledge and experience in chainsaws and tree felling”.
From the beginning, much of the trial focused on the significance of the tree, with Judge Mrs Justice Lambert telling the jury to put their “emotion to one side” before proceedings began.
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Voicenotes from Sycamore Gap tree trial
‘Mindless acts of violence’
Northumberland Superintendent Kevin Waring, of Northumbria Police, said: “We often hear references made to mindless acts of vandalism – but that term has never been more relevant than today in describing the actions of those individuals”.
Graham and Carruthers gave no explanation for why they targeted the tree, he said, “and there never could be a justifiable one”.
Northumbria Police and Crime Commissioner, Susan Dungworth, called the felling of the tree “unfathomable” and said, although “there was no remorse [from the defendants], there was compelling evidence, and now there will be justice”.
Gale Gilchrist, chief crown prosecutor for CPS North East, said Graham and Carruthers took “under three minutes” to bring down the “iconic landmark” in a “deliberate and mindless act of destruction”.
She said she hoped the community “can take some measure of comfort in seeing those responsible convicted”.
‘Enormity of the loss’
Reflecting on the verdict and the actions of the pair, Tony Gates, chief executive of Northumberland National Parks Authority, said: “It just took a few days to sink in – I think because of the enormity of the loss.
“We knew how important that location was for many people at an emotional level, almost at a spiritual level in terms of people’s connection to this case.”
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Moment Sycamore Gap tree cut down
Read more from the trial:
Two men went on ‘moronic mission’ to fell Sycamore Gap tree
Man told police he was being ‘framed’ over tree felling
Defendant says friend wanted to cut down world’s ‘most famous tree’
Jurors played voicenotes in Sycamore Gap tree trial
The tree’s stump still sits by Hadrian’s Wall, where new shoots have been emerging.
Its largest remaining section will go on display at the National Landscape Discovery Centre in the Northumberland National Park later this year.
The effort to preserve the tree’s legacy also goes beyond the region where it stood.
Forty-nine saplings taken from the tree have been conserved by the National Trust. They will be planted in accessible public spaces across the country as “trees of hope”, which will allow parts of the Sycamore Gap to live on.
The defendants, who didn’t react when the verdicts were delivered, will be sentenced in July.
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