‘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

Met Police release footage as more than 1,000 arrests made using live facial recognition technology

Published

1 hour ago

July 4, 2025

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Met Police release footage as more than 1,000 arrests made using live facial recognition technology

More than 1,000 criminals, including a paedophile found with a six-year-old girl, have been arrested by the Metropolitan Police using live facial recognition (LFR) cameras.

David Cheneler, 73, was among 93 registered sex offenders held by Met officers using the controversial technology since the start of last year.

He was discovered with the girl after he was identified by a camera on a police van in Camberwell, south London, in January.

Cheneler, from Lewisham, was jailed for two years in May after admitting breaching his sexual harm prevention order by being with a child under the age of 14.

The Met said a total of 1,035 arrests have been made using live facial recognition technology – where live footage is recorded of people as they walk past, capturing their faces, which are then compared against a database of wanted offenders.

If a match is determined, the system creates an alert which is assessed by an officer, who may decide to speak to the person.

They include more than 100 people alleged to have been involved in serious violence against women and girls (VAWG) offences such as strangulation, stalking, domestic abuse, and rape.

Adenola Akindutire was stopped during an operation in Stratford and arrested over the machete robbery of a Rolex watch, which left the victim with life-changing injuries after the attack in Hayes, west London.

Police said the 22-year-old, who was linked to a similar incident and had been released on bail, was in possession of a false passport and could have evaded arrest if it wasn’t for the technology.

Akindutire, of no fixed address, admitted charges including robbery, attempted robbery, grievous bodily harm, possession of a false identity document and two counts of possession of a bladed article and faces sentencing at Isleworth Crown Court.

Darren Dubarry, 50, was already wanted for theft when he was caught with stolen designer clothing in Dalston, east London, after riding past an LFR camera on his bike.

The 50-year-old, from Stratford, east London, was fined after pleading guilty to handling stolen goods.

Lindsey Chiswick, the Met’s LFR lead, hailed the 1,000 arrest milestone as “a demonstration of how cutting-edge technology can make London safer by removing dangerous offenders from our streets”.

“Live Facial Recognition is a powerful tool, which is helping us deliver justice for victims, including those who have been subjected to horrendous offences, such as rape and serious assault,” she said.

“It is not only saving our officers’ valuable time but delivering faster, more accurate results to catch criminals – helping us be more efficient than ever before.”

The Met say “robust safeguards” are in place, which ensure no biometric data is retained from anyone who walks past an LFR camera who isn’t wanted by police.

Almost 2 million faces scanned

But human rights group Liberty is calling for new laws to be introduced to govern how police forces use the technology after Liberty Investigates found almost 1.9 million faces were scanned by the Met between January 2022 and March this year.

Charlie Whelton, Liberty policy and campaigns officer, said: “We all want to feel safe in our communities, but technology is advancing quickly, and we need to make sure that our laws keep up.

“Any tech which has the potential to infringe on our rights in the way scanning and identifying millions of people does needs to have robust safeguards around its use to protect us all from abuse of power as we go about our daily lives.

“There is currently no overarching law governing police use of facial recognition in the UK, and we shouldn’t leave police forces to come up with these frameworks on their own.

“Almost two million faces have been scanned in London before Parliament has even decided what the laws should be.

“We need to catch up with other countries, and the law needs to catch up with the use. Parliament must legislate now and ensure that safeguards are in place to protect people’s rights where the police use this technology.”

UK

I’ve followed the PM wherever he goes in his first year in office – here’s what I’ve observed

Published

1 hour ago

July 4, 2025

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I've followed the PM wherever he goes in his first year in office - here's what I've observed

July 5 2024, 1pm: I remember the moment so clearly.

Keir Starmer stepped out of his sleek black car, grasped the hand of his wife Vic, dressed in Labour red, and walked towards a jubilant crowd of Labour staffers, activists and MPs waving union jacks and cheering a Labour prime minister into Downing Street for the first time in 14 years.

Starmer and his wife took an age to get to the big black door, as they embraced those who had helped them win this election – their children hidden in the crowd to watch their dad walk into Number 10.

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Keir Starmer, not the easiest public speaker, came to the podium and told the millions watching this moment the “country has voted decisively for change, for national renewal”.

He spoke about the “weariness at the heart of the nation” and “the lack of trust” in our politicians as a “wound” that “can only be healed by actions not words”. He added: “This will take a while but the work of change begins immediately.”

A loveless landslide

That was a day in which this prime minister made history. His was a victory on a scale that comes around but one every few decades.

He won the largest majority in a quarter of a century and with it a massive opportunity to become one of the most consequential prime ministers of modern Britain – alongside the likes of Margaret Thatcher or Tony Blair.

But within the win was a real challenge too.

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Starmer’s was a loveless landslide, won on a lower share of the vote than Blair in all of his three victories and 6 percentage points lower than the 40% Jeremy Corbyn secured in the 2017 general election.

It was the lowest vote share than any party forming a post-war majority government. Support for Labour was as shallow as it was wide.

In many ways then, it was a landslide built on shaky foundations: low public support, deep mistrust of politicians, unhappiness with the state of public services, squeezed living standards and public finances in a fragile state after the huge cost of the pandemic and persistent anaemic growth.

Put another way, the fundamentals of this Labour government, whatever Keir Starmer did, or didn’t do, were terrible. Blair came in on a new dawn. This Labour government, in many ways, inherited the scorched earth.

The one flash of anger I’ve seen

For the past year, I have followed Keir Starmer around wherever he goes. We have been to New York, Washington (twice), Germany (twice), Brazil, Samoa, Canada, Ukraine, the Netherlands and Brussels. I can’t even reel off the places we’ve been to around the UK – but suffice to say we’ve gone to all the nations and regions.

What I have witnessed in the past year is a prime minister who works relentlessly hard. When we flew for 27 hours non-stop to Samoa last autumn to the Commonwealth Heads of Government Meeting (CHOGM) summit, every time I looked up at the plane, I saw a solitary PM, his headlight shining on his hair, working away as the rest of us slept or watched films.

He also seems almost entirely unflappable. He rarely expresses emotion. The only time I have seen a flash of anger was when I questioned him about accepting freebies in a conversation that ended up involving his family, and when Elon Musk attacked Jess Phillips.

I have also witnessed him being buffeted by events in a way that he would not have foreseen. The arrival of Donald Trump into the White House has sucked the prime minister into a whirlwind of foreign crises that has distracted him from domestic events.

When he said over the weekend, as a way of explanation not an excuse, that he had been caught up in other matters and taken his eye off the ball when it came to the difficulties of welfare reform, much of Westminster scoffed, but I didn’t.

I had followed him around in the weeks leading up to that vote. We went from the G7 in Canada, to the Iran-Israel 12-day war, to the NATO summit in the Hague, as the prime minister dealt with, in turn, the grooming gangs inquiry decision, the US-UK trade deal, Donald Trump, de-escalation in the Middle East and a tricky G7 summit, the assisted dying vote, the Iran-Israel missile crisis.

He was taking so many phone calls on Sunday morning from Chequers, that he couldn’t get back to London for COBRA [national emergency meeting] because he couldn’t afford to not have a secure phone line for the hour-long drive back to Downing Street.

He travelled to NATO, launched the National Security Review and agreed to the defence alliance’s commitment to spend 5% of GDP on defence by 2035. So when he came back from the Hague into a full-blown welfare rebellion, I did have some sympathy for him – he simply hadn’t had the bandwidth to deal with the rebellion as it began to really gather steam.

Dealing with rebellion

Where I have less sympathy with the prime minister and his wider team is how they let it get to that point in the first place.

Keir Starmer wasn’t able to manage the latter stages of the rebellion, but the decisions made months earlier set it up in all its glory, while Downing Street’s refusal to heed the concerns of MPs gave it momentum to spiral into a full-blown crisis.

The whips gave warning after 120 MPs signed a letter complaining about the measures, the Work and Pensions Secretary Liz Kendall had done the same, but Starmer and Reeves were, in the words of one minister, “absolutist”.

“They assumed people complaining about stuff do it because they are weak, rather than because they are strong,” said the minister, who added that following the climbdown, figures in Number 10 “just seemed completely without knowledge of the gravity of it”.

That he marks his first anniversary with the humiliation of having to abandon his flagship welfare reforms or face defeat in the Commons – something that should be unfathomable in the first year of power with a majority that size – is disappointing.

To have got it that wrong, that quickly with your parliamentary party, is a clear blow to his authority and is potentially more chronic. I am not sure yet how he recovers.

Keir Starmer said he wanted to rule country first, party second, but finds himself pinned by a party refusing to accept his centrist approach. Now, ministers tell MPs that there will be a financial consequence of the government’s decision to delay tightening the rules on claiming disability benefits beyond the end of 2026.

A shattered Rachel Reeves now has to find the £5bn she’d hoped to save another way. She will defend her fiscal rules, which leaves her the invidious choice of tax rises or spending cuts. Sit back and watch for the growing chorus of MPs that will argue Starmer needs to raise more taxes and pivot to the left.

That borrowing costs of UK debt spiked on Wednesday amid speculation that the chancellor might resign or be sacked, is a stark reminder that Rachel Reeves, who might be unpopular with MPs, is the markets’ last line of defence against spending-hungry Labour MPs. The party might not like her fiscal rules, but the markets do.

What’s on the horizon for year two?

The past week has set the tone now for the prime minister’s second year in office. Those around him admit that the parliamentary party is going to be harder to govern. For all talk of hard choices, they have forced the PM to back down from what were cast as essential welfare cuts and will probably calculate that they can move him again if they apply enough pressure.

There is also the financial fall-out, with recent days setting the scene for what is now shaping up to be another definitive budget for a chancellor who now has to fill a multi-billion black hole in the public finances.

But I would argue that the prime minister has misjudged the tone as he marks that first year. Faced with a clear crisis and blow to his leadership, instead of tackling that head on the prime minister sought to ignore it and try to plough on, embarking on his long-planned launch of the 10-year NHS plan to mark his year in office, as if the chancellor’s tears and massive Labour rebellions over the past 48 hours were mere trifles.

It was inevitable that this NHS launch would be overshadowed by the self-inflicted shambles over welfare and the chancellor’s distress, given this was the first public appearance of both of them since it had all blown up.

But when I asked the prime minister to explain how it had gone so wrong on welfare and how he intended to rebuild your trust and authority in your party, he completely ignored my question. Instead, he launched into a long list of Labour’s achievements in his first year: 4 million extra NHS appointments; free school meals to half a million more children; more free childcare; the biggest upgrade in employment rights for a generation; and the US, EU and India free trade deals.

I can understand the point he was making and his frustration that his achievements are being lost in the maelstrom of the political drama. But equally, this is politics, and he is the prime minister. This is his story to tell, and blowing up your welfare reform on the anniversary week of your government is not the way to do it.

Is Starmer failing to articulate his mission?

For Starmer himself, he will do what I have seen him do before when he’s been on the ropes, dig in, learn from the errors and try to come back stronger. I have heard him in recent days talk about how he has always been underestimated and then proved he can do it – he is approaching this first term with the same grit.

If you ask his team, they will tell you that the prime minister and this government is still suffering from the unending pessimism that has pervaded our national consciousness; the sense politics doesn’t work for working people and the government is not on their side.

Starmer knows what he needs to do: restore the social contract, so if you work hard you should get on in life. The spending review and its massive capital investment, the industrial strategy and strategic defence review – three pieces of work dedicated to investment and job creation – are all geared to trying to rebuild the country and give people a brighter future.

But equally, government has been, admit insiders, harder than they thought as they grapple with multiple crises facing the country – be that public services, prisons, welfare.

It has also lacked direction. Sir Keir would do well to focus on following his Northern Star. I think he has one – to give working people a better life and ordinary people the chance to fulfil their potential.

But somehow, the prime minister is failing to articulate his mission, and he knows that. When I asked him at the G7 summit in Canada what his biggest mistake of the first year was, he told me: “We haven’t always told our story as well as we should.”

I go back to the Keir Starmer of July 5 2024. He came in on a landslide, he promised to change the country, he spoke of the lack of trust and the need to prove to the public that the government could make their lives better through actions not words.

In this second year, he is betting that the legislation he has passed and strategies he has launched will drive that process of change, and in doing so, build back belief.

But it is equally true that his task has become harder these past few weeks. He has spilled so much blood over welfare for so little gain, his first task is to reset the operation to better manage the party and rebuild support.

But bigger than that, he needs to find a way to not just tell his government’s story but sell his government’s story. He has four years left.

UK

Leaseholders to get rights to more easily challenge extortionate service charges

Published

1 hour ago

July 4, 2025

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Leaseholders to get rights to more easily challenge extortionate service charges

Leaseholders will be able to more easily challenge extortionate service charges, the government has said.

For those who are trapped in the midst of the leasehold scandal, the reforms cannot come soon enough.

They have been promised change for many years by successive governments and by Labour in opposition, so any progress will be welcome, but is it enough for those suffering financially?

It’s a complex problem but at the heart of it are service charges that go higher and higher in a way that is often inexplicable, unpredictable and opaque.

These are fees for building services and maintenance that are on top of the homeowner’s mortgage.

They often run into thousands of pounds, go way over the initial estimate and it is not clear why they are so high.

By forcing companies to be transparent about the fees they are charging, the government is hoping to tackle this.

The reforms, which the government has said it will push through after a consultation, will receive standardised service charge documentation which spell out clear and detailed information about how their service charges are calculated and spent.

Further reforms will stop leaseholders having to automatically pay for landlords’ litigation costs even where they have won their case.

According to housing minister Matthew Pennycook, the changes will enable homeowners to challenge unreasonable charges more easily.

He also believes it will put pressure on managing agents to bring fees down.

The government will also introduce a strict new qualification regime for managing agents to try to raise standards in the sector.

Mr Pennycook told Sky News: “The system has some inherent inequities in it that do allow leaseholders to be gouged and particularly when it comes to managing agents there are unscrupulous people out there.

“They are abusing leaseholders and there’s poor practice.

“The reforms we are announcing today and reforms that are to come are going to bear down managing agents and ensure the sector as a whole is properly regulated.”

Asked why it has taken a year to make this announcement, and why further changes could take much longer, he said: “We’ve got to take forward through primary legislation the wider reforms necessary to bring the system to an end.

“You can’t do that in 100 days but we are also determined to provide relief to existing leaseholders now.”