Not to be confused with R v Burgess; Ex parte Henry.
R v Burgess
Court
Court of Appeal (Criminal Division)
Full case name
Regina v. Barry Douglas Burgess
Decided
27 March 1991
Citation(s)
2 QB 92
WLR 1206
All ER 769
93 Cr App R 41
Cases cited
Reg. v. Kemp [1957] 1 Q.B. 399, 407
Bratty v Attorney-General for Northern Ireland [1963] AC 386
Rabey v. The Queen [1980] 2 S.C.R. 513, 519, 520
Reg. v. Sullivan [1984] A.C. 156
Reg. v. Parks (1990) 56 C.C.C. (3d) 449
M'Naghten Rules (1843) 10 Cl. & Fin. 200
Legislation cited
Trial of Lunatics Act 1883
Case history
Prior action(s)
Insanity found (and thus not guilty of offence) at Bristol Crown Court, before Judge Sir Ian Lewis and a jury (not reported)
Subsequent action(s)
None
Court membership
Judge(s) sitting
Lord Lane CJ, Roch J and Morland J
Keywords
sleepwalking
parasomnia
violence
internal, organic source
insanity
R v Burgess [1991] 2 QB 92 was an appeal in the Court of Appeal of England and Wales that adjudged sleepwalking entailing violence from an internal, organic cause amounts to insane automatism. At first instance Burgess was likewise found not guilty by reason of insanity as his case fell under the M'Naghten Rules. This would entail a possible stigma and a treatment plan. His defence team appealed arguing such automatism was no form of 'insanity' but fell within the class of automatism such as a spiked drink which could show a complete lack of mens rea, outside the realms of normal mental health, to make him guilty. The court ruled that violent sleepwalking with no external triggers was considered insane automatism. Thus the appeal was heard, argued, the law and its consequences judicially considered. The appeal was dismissed.
RvBurgess [1991] 2 QB 92 was an appeal in the Court of Appeal of England and Wales that adjudged sleepwalking entailing violence from an internal, organic...
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