If a man kills his wife while he is asleep having a nightmare, is he guilty of murder?

satguru

Not under British law if the defence of automatism can be proved. You learn it in criminal law but rarely happens until today. http://news.bbc.co.uk/1/hi/wales/8364393.stm Nov 20 09, 8:27 PM

star_gazer

Yes, another article about this interesting but sad case. http://news.aol.com/article/brian-thomas-freed-after-strangling-wife/777228?icid=main|htmlws-main-n|dl1|link4|http%3A%2F%2Fnews.aol.com%2Farticle%2Fbrian-thomas-freed-after-strangling-wife%2F777228 Nov 20 09, 8:39 PM

Zbeckabee

Maybe not "legally," however, he's still done the deed -- Thus, he may not be found guilty in a court of law, but he's still guilty of having committed murder: 1murder mer-der n 1 : the crime of unlawfully killing a person esp. with malice aforethought 2 : something unusually difficult or dangerous 2murder vb 1 : to commit a murder; also : to kill brutally 2 : to put an end to 3 : to spoil by performing poorly <~ a song> murderer n (C) 2008 Zane Publishing, Inc. The Merriam-Webster Dictionary (C) 2008 by Merriam-Webster, Incorporated Nov 21 09, 9:39 AM

looney_tunes

In New South Wales, he could be charged with unlawful homicide, as his actions caused the death of another person. Murder requires intent, as does voluntary manslaughter. Even if the defense of 'sleep-killing' were accepted, he could be found guilty of involuntary manslaughter. http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R82CHP2 Nov 21 09, 3:28 PM