‘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 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.
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.
A foreign sex offender freed in error from Wandsworth prison has been arrested – as Sky News filmed the moment he was detained.
Brahim Kaddour-Cherif, a 24-year-old Algerian national, was mistakenly released from HMP Wandsworth in south London on 29 October.
Sky News approached Kaddour-Cherif moments before his arrest in Finsbury Park, north London, at 11.30am, but he claimed to be someone else.
He was then approached by officers next to a police van and arrested.
One of the officers said Kaddour-Cherif had been identified as the missing prisoner because he had a “distinctive wonky nose”.
Sky News witnessed Brahim Kaddour-Cherif’s arrest
Officers held his arrest picture next to Kaddour-Cherif’s head to confirm his identity
In the footage, the Algerian was shown shouting to people standing nearby in the street.
An officer then held up a photo of Kaddour-Cherif on a phone, comparing the image to the man arrested.
When officers asked him whether he knew why he was being arrested, Kaddour-Cherif replied: “I don’t know.”
Kaddour-Cherif, who was wearing a grey hoodie, black beanie and black backpack, said the mix-up at the prison was the fault of the authorities who released him.
“It’s not my f***ing fault”, Kaddour-Cherif shouted.
Kaddour-Cherif shouted at bystanders as officers arrested him
Kaddour-Cherif claimed to be someone else when he was arrested
The Prison Service informed the Metropolitan Police about the error six days later – and a huge manhunt for him was launched.
It is not yet clear why it was nearly a week between the release at HMP Wandsworth and the police being informed that an offender was at large.
“At 11.23am on Friday, 7 November, a call was received from a member of the public reporting a sighting of a man they believed to be Brahim Kaddour-Cherif in the vicinity of Capital City College on Blackstock Road in Islington,” a Met Police spokesperson said.
“Officers responded immediately and at 11.30am detained a man matching Cherif’s description. His identity was confirmed and he was arrested for being unlawfully at large.
“He was also arrested on suspicion of assaulting an emergency worker in relation to a previous unrelated incident. He has been taken into police custody. The Prison Service has been informed.”
Kaddour-Cherif shouted it was ‘not my f***ing fault’ that he was mistakenly released
Kaddour-Cherif is a registered sex offender who was convicted of indecent exposure in November last year, following an incident in March.
At the time, he was given a community order and placed on the sex offenders register for five years.
He was then subsequently jailed for possessing a knife in June.
He was wrongly freed from Wandsworth prison. Pic: Met Police
Kaddour-Cherif came to the UK legally and is not an asylum seeker, but it is understood he overstayed his visit visa and deportation proceedings had been started.
He was accidentally freed five days after the wrongful release of convicted sex offender Hadush Kebatu. Both Kaddour-Cherif and Kebatu were arrested in Finsbury Park.
A third man, fraudster William Smith, 35, was mistakenly released from HMP Wandsworth on 3 November, but turned himself in on Thursday.
After Kaddour-Cherif’s arrest, Justice Secretary David Lammy admitted there was a “mountain to climb” to tackle the crisis in the prison system.
“We inherited a prison system in crisis and I’m appalled at the rate of releases in error this is causing,” he said.
“I’m determined to grip this problem, but there is a mountain to climb which cannot be done overnight.
“That is why I have ordered new tough release checks, commissioned an independent investigation into systemic failures, and begun overhauling archaic paper-based systems still used in some prisons.”
A young woman who claimed to be Madeleine McCann has been convicted of harassing the missing toddler’s family.
However, Julia Wandelt, 24, was cleared of stalking the couple.
A Polish national born three years after Madeleine, Wandelt said she suspected she had been abducted and brought up by a couple who were not her real parents.
She was having mental health issues at the time and had been abused by an elderly relative.
The relative looked like an artist’s drawing of a man who was once a suspect in the Madeleine case, which she stumbled across during internet research on missing children.
She went to Los Angeles and told a US TV chat show audience: “I believe I am Madeleine McCann.”
Madeleine was nearly four when she vanished from the family’s rented holiday apartment in Praia da Luz, Portugal, in May 2007.
She had been left sleeping with her younger twin siblings, Sean and Amelia, while her parents dined nearby with friends, making intermittent checks on the children.
Madeleine is the world’s most famous missing child, the subject of three international police investigations that have failed to find any trace of her.
Wandelt claimed to have a blemish in the iris of her right eye, like Madeleine’s, and to resemble aged-progressed images of her.
Madeleine McCann went missing during a family holiday to Portugal in 2007. Pic: PA
Over three years, she attracted half a million followers on her Instagram account, iammadeleinemccan, and posted her claims on TikTok.
Police told her she was not Madeleine and ordered her not to approach her family, but she ignored the warning.
The McCanns and their children gave evidence in the trial at Leicester Crown Court, describing the upset Wandelt had caused them.
Her co-defendant, Karen Spragg, 61, from Cardiff, was found not guilty of stalking and harassment.
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Public safety is “at risk” because more inmates are being sent to prisons with minimal security, a serving governor has warned – as details emerge of another manhunt for a foreign national offender.
Mark Drury – speaking in his role as representative for open prison governors at the Prison Governors’ Association – told Sky News open prisons that have had no absconders for “many years” are now “suddenly” experiencing a rise in cases.
It comes after a man who was serving a 21-year sentence for kidnap and grievous bodily harm absconded from an open prison in Sussex last month.
Sky News has learned that Ola Abimbola is a foreign national offender who still hasn’t returned to HMP Ford – and Sussex Police says it is working with partners to find him.
WARNING: Some readers may find the content in this article distressing
Ola Abimbola absconded from an open prison. Pic: Sussex Police
For Natalie Queiroz, who was stabbed 24 times by her ex-partner while she was eight months’ pregnant with their child, the warnings could not feel starker.
Natalie sustained injuries to all her major organs and her arms, while the knife only missed her unborn baby by 2mm.
“Nobody expected either of us to survive,” she told Sky News.
Babur Raja was sentenced to 18 years for attempted murder, but Natalie has recently been told that he’s set to be moved to an open prison four years earlier than planned.
“Any day now, my ex who created this untold horror is about to go to an open prison,” Natalie said.
Open prisons – otherwise known as Category D jails – have minimal security and are traditionally used to house prisoners right at the end of their sentence, to prepare them for integrating back into society.
With overcrowding in higher security jails, policy changes mean more prisoners are eligible for a transfer to open conditions earlier on in their sentence.
Natalie Queiroz was stabbed 24 times by her ex-partner
“It doesn’t feel right, it’s terrifying, and it also doesn’t feel like justice,” Natalie said, wiping away tears at points.
Previously, rules stated a transfer to open prison could only take place within three years of their eligibility for parole – but no earlier than five years before their automatic release date.
The five-year component was dropped in March last year under the previous government, but the parole eligibility element was extended to five years in April 2025.
Raja, who is due for release in 2034, has parole eligibility 12 years into his sentence, which is 2028.
Under the rule change, this eligibility for open prison is set for this year – but under the new rules it could have been 2023, which is within five years of his parole date.
Another change, introduced in the spring, means certain offenders can be assumed suitable for open prisons three years early – extended from two years.
Natalie says her ex-partner Babur Raja caused ‘untold horror’
Natalie has been campaigning to prevent violent offenders and domestic abuse perpetrators from being eligible to transfer to an open prison early.
She’s had meetings with ministers and raised both her case and others.
“They actually said – he is dangerous,” she told Sky News.
“I said to [the minister]: ‘How can you make a risk assessment for someone like that?’
“And they went: ‘If we’re honest, we can’t’.”
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What’s wrong with our prisons?
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The government told Sky News that Raja’s crimes were “horrific” and that their “thoughts remain with the victim”.
They also insist that the “small number of offenders eligible for moves to open prison face a strict, thorough risk assessment” – while anyone breaking the rules “can be immediately returned”.
Mark Drury, a representative of the Prison Governors’ Association
But Mr Drury describes risk assessments as an “algorithm tick box” because of “the pressure on offender management units”.
These warnings come at an already embarrassing time for the Prison Service after migrant sex offender Hadush Kebatu was mistakenly freed last month.
This week, it emerged two others have been freed in error since then, amid new release checks.
In response to this report, the Ministry of Justice says it “inherited a justice system in crisis, with prisons days away from collapse” – forcing “firm action to get the situation back under control”.
The government has promised to add 14,000 new prison places by 2031 and introduce sentencing reforms.
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