Sleepwalk Man "let off" drink drive charge.
Discussion
A man from Workington in Cumbria took his Proton Persona (surely a criminal offence in itself) and crashed it into a wall whilst 2 and a half times over the limit.
He pleaded not guilty to the charge as he doesn't remember anything about the incident and claims he must have been sleep walking.
The Jury found in his favour as the prosecution couldn't PROVE that he hadn't been sleepwalking!
Surely this is just Carte Blanche now? Seems ridiculous to me!
He pleaded not guilty to the charge as he doesn't remember anything about the incident and claims he must have been sleep walking.
The Jury found in his favour as the prosecution couldn't PROVE that he hadn't been sleepwalking!
Surely this is just Carte Blanche now? Seems ridiculous to me!
BigBazza said:
A man from Workington in Cumbria took his Proton Persona (surely a criminal offence in itself) and crashed it into a wall whilst 2 and a half times over the limit.
He pleaded not guilty to the charge as he doesn't remember anything about the incident and claims he must have been sleep walking.
The Jury found in his favour as the prosecution couldn't PROVE that he hadn't been sleepwalking!
Surely this is just Carte Blanche now? Seems ridiculous to me!
Sleepwalking is a really strange experience. It;s happened to me once years ago. I was in bed with my woman, when at around 2am I suddenly got out of bed and climbed through the downstairs window, dressed in just my underpants
Previously, earlier that same night, I was introduced to one of her friends who I remember had a cap on. When I did my sleepwalking bit, I was wandering around shouting out "come here you b*stard....yeah you.....the one with the cap"
It's kind of like you are half asleep and half awake.
Really weird. Anyway, yes it would be impossible to PROVE he was sleepwalking...BUT...... He had the soundness of mind to get in the car, turn the keys and operate the controls whilst p*ssed. Therefore, IMHO he was guilty. Interesting plea though. Makes you wonder whether other crims will try the same thing "Sorry m'lud, but I have no recollection of repeatedly stabbing him through the heart, as I was sleep walking."What a load of bollox our justice system has become.
There is some seriousness to this....I sleepwalk and have night terrors on a nightly basis, and have done some very insaine things.....thing is, at the time you believe you are in some kind of alternate reality and events you imagine are real....
...however, it never happens when I've had a couple, and the doc says this is normal as it relaxes the brain and prevents the hallucinations, so that makes me think they guy's story is porkies....unless he has some sort of long medical history of the problem.
...however, it never happens when I've had a couple, and the doc says this is normal as it relaxes the brain and prevents the hallucinations, so that makes me think they guy's story is porkies....unless he has some sort of long medical history of the problem.
It does seem like an excuse for any occasion "who is SHE?" ahhh err sorry love, must've nodded off....hmmmm.
Just seems a bit silly that he could have run over a bus queue of folk and still got away with it?
He suffers post traumatic stress disorder from the gulf and found it hard to venture outdoors....I would too if I had a Proton Persona
Just seems a bit silly that he could have run over a bus queue of folk and still got away with it?
He suffers post traumatic stress disorder from the gulf and found it hard to venture outdoors....I would too if I had a Proton Persona
blademan said:
"Sorry m'lud, but I have no recollection of repeatedly stabbing him through the heart, as I was sleep walking."
This reminds me of the case of Ken Parks in Canada
http://sleepdisorders.about.com/cs/sleepwalktalk/a/sleepmurder_3.htm
Fascinating reading if you are interested in the nature of consciousness!
CH
Can't comment on this case but I did remove all the books, stack them in neat piles and dismantle the heavy 5 shelf bookcase they were on (including finding and using the correct allen key) whilst sleepwalking.
The only thing I remember the next day about the whole indedent is throwing an office style chair down the stairs and then saying "enough is enough" to myself.
That is the only time I am aware of sleepwalking but if my experience is anything to go by you can do some fairly articulated stuff.
Cheers
Paul
The only thing I remember the next day about the whole indedent is throwing an office style chair down the stairs and then saying "enough is enough" to myself.
That is the only time I am aware of sleepwalking but if my experience is anything to go by you can do some fairly articulated stuff.
Cheers
Paul
Sounds like he had a clued up brief and pleaded the defence of Automatism. An element in the guilty mind is voluntariness of an act and where this is missing, then the defence of automatism may be raised.
Sleepwalking has been put forward before and it is up to the jury as to whether they believe or not.
Would gather Prosecution a bit weak as the drink aspect could be held as reckless and should have known also as Gone, Dibble etc will remember from Training School, drunkness is no excuse for crime....
DVD
Sleepwalking has been put forward before and it is up to the jury as to whether they believe or not.
Would gather Prosecution a bit weak as the drink aspect could be held as reckless and should have known also as Gone, Dibble etc will remember from Training School, drunkness is no excuse for crime....
DVD
This is the story as it was reported in the local rag the 'News and Star'on Friday 1st October.
Sleepwalker cleared of drink-drive charge
CAMPAIGNERS have hit out after Workington magistrates cleared a man of drink-driving because he said he was sleep-walking.
And Cumbria Police have yet to rule out an appeal too after 46-year-old William Bough was found not guilty of drink-driving despite a urine sample reading that was more than two and a half times the legal limit.
The court heard how Bough, who was staying with his mother on Everest Mount in Westfield, Workington, had drank four beers, two glasses of wine and three large whiskies.
Bough's case was strengthened by Carlisle clinical psychologist Elspeth Desert. She told West Allerdale magistrates of booze-induced sleeping difficulties during the former Army sergeant's trial in Workington on Monday. She said that when Bough went to bed he would have had no intention of driving and there was no reason for him to drive his car that night.
Bough, of Garstang near Preston, had gone out fully clothed but without his glasses or contact lenses on. His Proton crashed into a wall at Lillyhall on the A595.
Jack Sparrow, from the Campaign Against Drink-Driving, called the case 'bizarre'.
He said: "This is setting a ridiculous example and others will try it on now."
So is it appears to be okay to drive whilst drunk, as long as your asleep at the time !!.
>> Edited by sparkythecat on Tuesday 5th October 14:33
Sleepwalker cleared of drink-drive charge
CAMPAIGNERS have hit out after Workington magistrates cleared a man of drink-driving because he said he was sleep-walking.
And Cumbria Police have yet to rule out an appeal too after 46-year-old William Bough was found not guilty of drink-driving despite a urine sample reading that was more than two and a half times the legal limit.
The court heard how Bough, who was staying with his mother on Everest Mount in Westfield, Workington, had drank four beers, two glasses of wine and three large whiskies.
Bough's case was strengthened by Carlisle clinical psychologist Elspeth Desert. She told West Allerdale magistrates of booze-induced sleeping difficulties during the former Army sergeant's trial in Workington on Monday. She said that when Bough went to bed he would have had no intention of driving and there was no reason for him to drive his car that night.
Bough, of Garstang near Preston, had gone out fully clothed but without his glasses or contact lenses on. His Proton crashed into a wall at Lillyhall on the A595.
Jack Sparrow, from the Campaign Against Drink-Driving, called the case 'bizarre'.
He said: "This is setting a ridiculous example and others will try it on now."
So is it appears to be okay to drive whilst drunk, as long as your asleep at the time !!.
>> Edited by sparkythecat on Tuesday 5th October 14:33
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