Crime CLVI-Insanity XIII
Sleepwalking
(somnambulism) is another disorder (behavioral) that can cause the defendant to
perpetrate criminal acts. It is caused by internal or inherent factors and as a
result the defense that is available to the defendant is insanity.
In
R v Burgess (1991) the defendant injured a woman while she was sleeping by
hitting her over the head with a whisky bottle and striking her with a video
recorder. The defendant was charged under s.18 and s.20 of the Offences Against
the Person Act (1861) for wounding with intention to cause grievous bodily
harm.
The
defendant had no recollection of the event and his claim was supported by
medical evidence. The defendant sought to rely on the defense of automatism but
the trial judge directed the jury on insanity instead and the jury found that
that the defendant was guilty by virtue of insanity.
The
defendant appealed on the grounds that he should have been found not guilty by
way of automatism contending that both defenses were a result of a disorder and
therefore either of the defenses should be made available.
The
appeal was dismissed. Because sleepwalking was a disorder that was caused by
inherent or internal factors the correct defense to raise would be that of
insanity and the trial judge had nor erred in his direction. The court further
went on to state that while sleepwalking was common, doing violent things while
sleepwalking was not.
Copyright
© 2019 by Dyarne Ward
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