A HIGH PRICE
Tears in dock as jury return verdict
Dale Kelly leaves court yesterday A YOUNG man sobbed as he was found not guilty of sexually assaulting his friend’s girlfriend because he was sleepwalking.
Dale Kelly, 21, was found not guilty by reason of insanity, of sexual assault by penetration.
Now he faces a hospital order for his sleep disorder.
The jury believed he was sleepwalking when he went into the couple’s bedroom, got into bed and touched the woman intimately.
Crying Kelly clutched a tissue and hung his head as the jury returned its verdict at York crown court.
They were told Kelly had tests after his arrest when he experienced parasomnia, which includes sleepwalking.
Experts said he was “likely to be” suffering from the disorder at the time of the alleged assault.
The jury had been given a choice of guilty, not guilty or not guilty by reason of insanity, if they believed he was asleep during the assault in April 2017.
The court heard he had ongoing treatment and now goes to bed by 10pm, only has two pints a week and has experienced no further incidents.
The week-long trial heard Kelly had been to a nightclub with the couple before they returned home. He fell asleep in the taxi and went straight to bed.
The jury heard he “had sex on the mind”, messaging women on Tinder.
An hour later, the woman awoke to find him in the bed and called the police. Kelly said he was dreaming and thought he was with a woman he was dating.
Kelly left and messaged his friend: “I promise right now I’ve no f ****** clue what’s going on, I’m still wanting to wake up and for this to be in dreamland.”
Judge Simon Hickey said it was an “unusual” case and sentencing options were limited. He added: “I’m leaning towards a hospital order but I’ll wait to hear the experts.”
Kelly, of Dalton-le-Dale, Co Durham, was granted conditional bail and will be sentenced on September 23. DALE KELLY MESSAGE HE SENT TO HIS FRIEND AN antique Japanese vase standing 5ft 8in sold for £9,500 at auction in Etwall, Derbys, after being found in a small bungalow.
I promise right now I’ve no clue what’s going on