“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.
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.
A 41-year-old man from Penylan has been charged with murder, preventing lawful and decent burial of a dead body and assaulting a person occasioning them actual bodily harm.
A 48-year-old woman from London has been charged with preventing a lawful and decent burial of a dead body and conspiring to pervert the course of justice.
They both appeared at Cardiff Magistrates’ Court on Saturday.
“This brings our search for Paria to a sad and tragic end,” said Detective Chief Inspector Matt Powell.
“Paria’s family, all those who knew her, and those in her local community, will be deeply saddened and shocked by these latest developments.
“Family liaison officers are continuing to support Paria’s family.”
Thousands of trans rights activists have been demonstrating in central London days after the Supreme Court ruled the legal definition of a woman is based on biological sex.
Trans rights groups, trade unions and community organisations came together for what was billed as an “emergency demonstration” in Parliament Square in Westminster.
Activists demanded “trans liberation” and “trans rights now”, with some waving flags and holding banners.
Image: Campaigners in Westminster. Pic: PA
Graffiti was seen on the statues of suffragist leader Millicent Fawcett and South African statesman Jan Christian Smuts in Parliament Square.
The Metropolitan Police said it had launched an investigation after several statues were vandalised and it was investigating the incidents as criminal damage.
Chief Superintendent Stuart Bell said it was “very disappointing to see damage to seven statues and property in the vicinity of the protest”, adding: “We support the public’s right to protest but criminality like this is completely unacceptable.
“We are now investigating this criminal damage and urge anyone with any information to come forward.”
Meanwhile, a rally and march organised by Resisting Transphobia has been taking place in Edinburgh on Saturday afternoon.
Image: Graffiti was daubed on the statue by trans activists. Pic: PA
Image: Graffiti on the statue of South African statesman Jan Christian Smuts in Parliament Square. Pic: PA
It essentially means trans women who hold gender recognition certificates are not women in the eyes of the law.
This means transgender women with one of the certificates can be excluded from single-sex spaces if “proportionate”.
Image: Demonstrators in Westminster
Baroness Kishwer Falkner, chair of the UK’s Equality and Human Rights Commission (EHRC), said on Thursday that the ruling means trans women can no longer take part in women’s sport, while single-sex places, such as changing rooms, “must be based on biological sex”.
The UK government said the unanimous decision by five judges brought “clarity and confidence” for women and service providers.
A Labour Party source said Prime Minister Sir Keir Starmer had brought the party to a “common sense position” on the subject from an “activist” stance.
Among the groups supporting the London protest were Trans Kids Deserve Better, Pride In Labour, Front For The Liberation Of Intersex Non-binary And Transgender people (Flint) and TransActual.
Image: Pic: PA
Keyne Walker, strategy director at TransActual, told Sky News the government needed to put equality laws back on a “sound footing”.
Speaking from Parliament Square, they said: “The mood is jubilant and also angry and also people are anxious… Right now trans people are coming together to demonstrate to the country, and to everybody else, that we’re not going anywhere because we don’t have anywhere to go…
“Queer people have been through worse than this before, and… we’ll suffer through whatever is to come in the next few years.”
The activist continued: “The government needs to immediately clarify how they are going to protect trans people and what this ruling actually means for spaces.
“It does not bring clarity… businesses and venues at the moment don’t know what they can and can’t do… the government needs to step in and put equalities law back on a sound footing.”
Image: Protesters in Westminster in support of the transgender community. Pic: Daniel Bregman
It comes as Bridgerton actress Nicola Coughlan announced she has helped raise more than £100,000 for a trans rights charity following the Supreme Court decision.
Following the ruling, the Irish star said she was “completely horrified” and “disgusted” by the ruling and added she would match donations up to £10,000 to transgender charity Not A Phase.
The fundraiser has since raised £103,018, with a revised target of £110,000.
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Gender ruling – How it happened
Why was the case heard in court?
The Supreme Court ruling followed a long-running legal challenge which centred around how sex-based rights are applied through the UK-wide Equality Act 2010.
The appeal case was brought against the Scottish government by campaign group For Women Scotland (FWS) following unsuccessful challenges at the Court of Session in Edinburgh.
FWS called on the court to find sex an “immutable biological state”, arguing sex-based protections should only apply to people born female.
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1:41
Campaigners react to gender ruling
The Scottish government argued the protections should also include transgender people with a gender recognition certificate (GRC).
The Supreme Court judges were asked to rule on what the Equality Act 2010 means by “sex” – whether biological sex or “certificated” sex as legally defined by the 2004 Gender Recognition Act.
Delivering the ruling at the London court on Wednesday, Lord Hodge said: “We counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not.
“The Equality Act 2010 gives transgender people protection, not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender.”
A teacher who was upskirted by a pupil says women are being “specifically targeted” by misogynistic attitudes being expressed in classrooms.
Sally Rees, now the president of teachers’ union NASUWT in Northern Ireland, was visited by police officers in 2016 and told they had found a USB stick containing images filmed up her skirt by a pupil.
“As a teacher, you give so much of yourself in the classroom, you want the best for your pupils and then to know that somebody has done that to you, it just completely shatters your sense of trust.”
Ms Rees was filmed multiple times over 14 months and after a “long drawn-out legal process”, the pupil was found guilty of five counts of outraging public decency.
At the union’s annual conference this weekend, members will debate calls on the union’s executive to work with teachers “to assess the risk that far-right and populist movements pose to young people”.
“We’ve seen the impact that Andrew Tate and other figures are having on… young boys’ reactions in the classroom,” Ms Rees said.
“One of the things we have to remember is that the majority of our workforce is female and so they are being very specifically targeted by these attitudes, specifically things around; ‘You can’t tell me what to do’, that a man has a right to dominate a woman and has a right to a woman’s body.”
Image: Andrew Tate.
File pic: AP
The drama teacher said schools were now expected to deal with behaviour like this without enough support.
“We need to bring parents and carers into this because it starts in the home and then trickles into our schools,” she added.
“We end up with a blame culture that education is at fault, teachers aren’t dealing with it and yet teachers are the ones that actually end up being the victims of this type of behaviour.”
When asked about the NASWUT survey, a spokesperson for the Department for Education (DfE) said: “Education can be the antidote to hate, and the classroom should be a safe environment for sensitive topics to be discussed and where critical thinking is encouraged.
“That’s why we provide a range of resources to support teachers to navigate these challenging issues, and why our curriculum review will look at the skills children need to thrive in a fast-changing online world.”