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

Published

3 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 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

Boris Johnson considered raiding Dutch warehouse during pandemic to retrieve COVID-19 vaccines

Published

1 hour ago

September 28, 2024

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Boris Johnson considered raiding Dutch warehouse during pandemic to retrieve COVID-19 vaccines

Boris Johnson claims he considered authorising a raid on a warehouse in the Netherlands during the pandemic to retrieve COVID-19 vaccines.

In his upcoming memoir, he described meeting senior military officials in March 2021 to discuss the plans, which he admitted were “nuts”.

Another extract from his upcoming book, released by the Daily Mail, describes Mr Johnson trying to convince the Duke of Sussex not to move to the United States.

He said Downing Street and Buckingham Palace asked him to speak to Prince Harry in January 2020, hours after announcing he and his wife Meghan planned to step away from royal life.

According to Mr Johnson, who was prime minister at the time, there was “a ridiculous business… when they made me try to persuade Harry to stay. Kind of manly pep talk. Totally hopeless”, the Daily Mail reported.

The men met for 20 minutes on the sidelines of a UK-Africa investment summit in London’s Docklands.

Meanwhile, the latest extract describes Mr Johnson writing about a point during the pandemic when AstraZeneca was “trying, in vain” to export the vaccine to the UK from Holland.

At the time, the AstraZeneca jabs were at the heart of a cross-Channel row over exports.

He wrote he “had commissioned some work on whether it might be technically feasible to launch an aquatic raid on a warehouse in Leiden, in the Netherlands, and to take that which was legally ours and which the UK desperately needed”.

He believed the EU was treating the UK “with malice and with spite” due to the European rollout being slower than in the UK.

The extract says military chiefs told Mr Johnson the plan was “certainly feasible”, using rigid inflatable boats to navigate Dutch canals.

But the senior officer said the UK would “have to explain why we are effectively invading a long-standing Nato ally”.

“They wanted to stop us getting the five million doses, and yet they showed no real sign of wanting to use the AstraZeneca doses themselves,” Mr Johnson wrote.

UK

UK weather: Wind warning issued by Met Office after week of heavy rain and floods

Published

1 hour ago

September 28, 2024

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UK weather: Wind warning issued by Met Office after week of heavy rain and floods

A weather warning for wind has been issued for Wales and southwest England on Sunday after rain battered parts of the UK this week.

The yellow warning covers Cardiff and West Wales, as well as most of the South West from Weston Super Mare in the north and Swanage in the south to Penzance, Cornwall.

According to the Met Office, it begins at 9am on Sunday and lasts until midnight.

The latest weather forecast for your area

They said in the warning Sunday will start dry and clear for most of the country, but wind and rain will then move in from the South West.

Wind speeds are set to get up to 55mph in affected areas, and possibly reach 60mph in exposed coastal regions.

Gusts will be accompanied by outbreaks of rain, which could lead to surface water on roads and public transport delays, according to the Met Office.

Winds will then gradually ease across Wales and inland parts of southwest England throughout Sunday evening, but the weather agency warned it may remain fairly windy along some coasts overnight.

In their outlook for Monday to Wednesday, the Met Office said “unsettled” conditions will remain for the start of the next week, “with heavy rain and brisk winds and temperature on the cool side”.

It added conditions will be “slowly brightening up from the west as we head through Tuesday and into Wednesday”.

It comes after heavy rain and flooding struck across the UK this week, with an amber warning issued by the Met Office.

As a result of the downpours, central and southern counties in England have already experienced more than 250% of their average September rainfall.

The Environment Agency said around 650 properties were flooded in Bedfordshire, Northamptonshire and the Home Counties.

Areas affected by the heavy rain included Milton Keynes, Oxfordshire, Cambridgeshire, Leicestershire and the West Midlands, which were hit by flash floods.

The Met Office said the regions could have had 30-40mm of rainfall within three hours.

UK

The children who kill: Are they getting younger?

Published

10 hours ago

September 28, 2024

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The children who kill: Are they getting younger?

When 19-year-old Shawn Seesahai was beaten and hacked to death in a savage machete attack in a Wolverhampton park, detectives were shocked to discover his killers were just 12 years old.

Days earlier, in another part of the country, Alfie Lewis, 15, was stabbed to death by a 14-year-old boy outside a primary school in Leeds.

Later the same month, a girl and boy went on trial in Manchester for what was described as the “sadistic” knife murder of 16-year-old Brianna Ghey when they were both aged 15.

Murders carried out by children have always horrified us as a society – but are they getting more common or are killers getting younger?

A Sky News analysis of the available Office for National Statistics data on the number of suspects aged under 16 who have been convicted of homicide – murder, manslaughter and infanticide – shows a relatively flat trendline from 2006/7 to 2022/3.

The percentage of homicide convictions going to under-16s compared with other ages doubled over 10 years, however, from about 1 in 50 in 2012/13 to 1 in 25 in 2022/23.

The 2022/23 figure is the highest since at least 2008/09, but as the percentage of under-16s is low overall the averages can be heavily skewed by relatively few convictions.

‘Much more serious and extreme’

Dr Simon Harding, a criminology expert, thinks there’s been “an increase in serious violence in young people” and that there is a greater “acceptance of extreme levels of violence between” children.

“Even something that might have been settled with fisticuffs or anti-social behaviour can suddenly dramatically turn into something much more serious and extreme,” he says.

“What 10 years ago might have been a punch in the face, five years ago might have been a stab to the arm or leg is now a stab to the neck or heart, which can lead to death.”

Bardia Shojaeifard was found guilty of murder after a jury heard how he attacked Alfie on his way home on 7 November last year “in revenge” for an altercation a week earlier.

He had posed for pictures with knives and took a 13cm-long kitchen knife he used to kill Alfie from his home with him to school in the Horsforth area of Leeds.

Sentencing him to life detention with a minimum term of 13 years in June, a judge described Shojaeifard as “outwardly normal” but with a “worrying interest in knives”.

Shawn, who had been walking through Stowlawn playing fields in Wolverhampton with a friend on 13 November last year, was struck on his back, legs and skull, while the fatal wound was more than 20cm deep and punctured his heart.

The boys responsible, the UK’s youngest knife murderers – who were detained for at least eight-and-a-half years – are believed to be the youngest children to be found guilty of murder since Robert Thompson and Jon Venables.

Thompson and Venables were aged just 10 when they abducted, tortured and murdered two-year-old James Bulger in 1993 and 11 when they were found guilty of murder.

A quarter of a century earlier, 11-year-old Mary Bell was sentenced to life detention in 1968 after being found guilty of manslaughter for fatally strangling two boys, aged four and three.

She was also aged just 10 at the time she killed her first victim.

But Sharon Carr is believed to be the youngest girl in the country to have committed murder.

Carr was 12 when she fatally stabbed and mutilated stranger Katie Rackliff, 18, after she left a nightclub in Camberley, Surrey, in 1992, but she wasn’t convicted for another five years.

In another crime that shocked the nation, Ricky Preddie was 13 and his brother Danny was 12 when they killed 10-year-old schoolboy Damilola Taylor in 2000, although they weren’t jailed for his manslaughter until 2006.

Is there now a greater ‘willingness to inflict pain’?

So there have always been cases of children who commit murder and other shocking crimes, but Dr Harding says: “We just tend to forget.”

However, from his experience preparing expert reports on court cases involving gang crime, exploitation and modern slavery, he says he has noticed a greater “willingness to inflict pain and suffering”.

Earlier this year, Scarlett Jenkinson and Eddie Ratcliffe were jailed for life with minimum terms of 22 years and 20 years respectively after they were found guilty of murdering Brianna when they were both aged just 15.

Jenkinson lured the vulnerable teenager, who was transgender, to Linear Park in the village of Culcheth, near Warrington, where she was stabbed 28 times in the head, neck, chest and back with a hunting knife on 11 February last year.

The pair had a fascination with violence and torture, prepared a “kill list” and meticulously planned Brianna’s “frenzied and ferocious” murder for weeks, their trial heard.

Jurors were told it was “difficult to fathom” how they could share such “dark thoughts” and carry out such a “disturbing” crime.

Beyond the high-profile cases that attract significant media attention, much of the country’s gang violence, including children killing other children, is largely hidden from the public, says Dr Harding.

He’s seeing “quite extreme things that wouldn’t happen a few years ago”, such as disabled people subjected to levels of cruelty bordering on torture, and young women raped and waterboarded by the people forcing them to sell drugs.

A different Dr Harding, forensic psychiatrist Dr Duncan Harding, works with adults and children who commit serious crimes. He says we really don’t know if killers are getting younger or youth violent crime is increasing because the evidence just isn’t there.

But the reporting of crime and the expansion of social media use means cases which may not have passed the threshold for widespread coverage in the past gain more traction, adding to a perception that it is.

‘Dehumanisation is spreading’

Even if youth violence isn’t on the rise, the “horrifying” crimes we see reported aren’t acceptable and we have to, as a society, try to understand what’s going on and try to improve things, Dr Duncan Harding adds.

The psychiatrist, who has provided expert evidence in court cases involving homicide, serious violence and terrorism, and has recently released his memoir The Criminal Mind, says the “dehumanisation” seen in gang violence seems to be spreading beyond gangs.

Our divided society is suffering an existential crisis since the COVID-19 pandemic, which is exacerbated by social media, he says, and he also highlights cuts to services for young people due to austerity as a potential factor.

But “stripping away youth clubs isn’t going to in itself lead to someone who’s going to stab or kill someone”, he says, and children don’t always commit violent crimes because of mental illness or difficulties in their lives.

“Obviously, they’re not normal, well-adjusted people, but in my experience, it’s not as straightforward as that either,” he says. “I don’t think that all offenders are victims.”

‘You have to have proper sentencing for knife crime’

The potential solutions are just as complicated – the psychiatrist suggests a public health approach that recognises the “epidemic” of knife crime among vulnerable young children, with schools, health workers and police working together to spot the early warning signs.

But he also supports the wider use of stop-and-search and the government ban on so-called zombie-style knives to try to keep weapons out of children’s hands, and says there need to be consequences at the point where youngsters are carrying knives.

Shawn’s parents urge children to “think about what they’re doing” and not to carry a weapon, but want to see tougher sentences for youngsters like the boys who killed their son.

“You have to have a proper sentencing for knife crime,” says his father Suresh Seesahai.

“Murder is murder. Murder is no coming back. If you murder someone they can’t come back… Life sentence is the best for you.”