Âé¶¹´«Ã½

Sleepwalking into a legal quagmire

25 November 2009

A MAN who admitted strangling his wife walked free from court last week because he was asleep when he killed her (see “Can you be blamed for crimes in your sleep?”). Acquitting Brian Thomas was the right decision under British law, where mens rea – a “guilty mind” – is necessary to secure a conviction. He was a decent and devoted husband. That may not always be true in such cases, however, and “I did it in my sleep” defences are on the increase. What to do?

First, we must get the science right, by discerning which states of consciousness really…

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