Terisa Chaudary has litigated a case where our client faced serious allegations following an incident with a neighbour. It was alleged that he came outside holding an axe, shouting at the neighbour while waving it in his direction. The neighbour retreated behind a gate and contacted the police. The client was later arrested, and an axe was recovered from his kitchen.
The defence case was that the client suffers from somnambulism (sleepwalking) and had no recollection of the alleged incident. His position was that, if the behaviour did occur, it may have taken place during an episode of this condition, meaning he would not have had conscious control over his actions.
Challenge: Demonstrating non-intentional behaviour
The main challenge was showing that the client’s actions were not intentional but the result of a genuine medical condition. Additional difficulties included: establishing a long-standing history of sleepwalking, providing credible witness and medical evidence, securing expert input in a highly specialised and niche field, and ensuring the prosecution engaged with detailed representations submitted well in advance of trial.
Defence strategy: Building a strong case for sleepwalking
Significant work was undertaken by Terisa, our litigator, in advance of trial to develop a robust defence. The client’s full medical records were obtained and reviewed, confirming a pre-existing diagnosis of sleepwalking noted prior to the allegations.
Tom Gregson, the barrister, submitted detailed written representations carefully addressing the medical records and the evidence supporting the client’s condition, though these were not reviewed by the prosecution until 2026.
A detailed witness statement from the client’s wife described numerous incidents over many years in which he had sleepwalked, including episodes where he moved around the house, spoke, or behaved in ways of which he had no recollection. Her evidence strongly supported the position that the client had a longstanding, genuine sleep disorder.
Extensive enquiries were also made with sleep specialists, including the national NHS Sleep Clinic, to identify experts who could assess whether the client’s condition might explain the alleged behaviour. Identifying a suitable expert proved particularly challenging given the niche nature of the field. Throughout this process, careful advocacy and engagement with the prosecution ensured that the defence evidence and representations were fully considered.
Outcome: Case dismissed before trial
Following these efforts, and after reviewing the defence evidence and representations submitted by Tom Gregson, the prosecution ultimately offered no evidence, and the case was dismissed shortly before trial. This was a highly positive outcome for the client.
Key Lessons: The importance of detailed evidence and expert support
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Comprehensive evidence gathering is essential in complex defences involving medical conditions.
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Witness testimony can provide crucial support for claims of non-conscious behaviour.
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Persistence in finding specialist experts strengthens a case in niche medical fields.
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Proactive engagement with the prosecution can help secure a favourable outcome without the need for trial.
This case highlights how Terisa’s meticulous preparation, expert engagement, and Tom’s careful legal advocacy contributed to a successful outcome, even in serious allegation cases.
