Abstract
Popat and Winslade [1] purport to review the scientific literature on parasomnias to inform the development of guidelines for juries in cases where sleepwalking is used as a defence. They argue that although sleepwalking defendants would be not guilty of their crime due to lack of intent, individuals should be held accountable for negligence that led to the sleepwalking episode and be subjected to treatment to prevent future episodes. There are multiple flaws in this paper, which negate the conclusions reached:
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