Sleepwalking Defence in Spotlight as Sydney Killer Appeals Lengthy Prison Term
A convicted murderer who brutally stabbed his partner dozens of times while claiming he was sleepwalking is now seeking to appeal his substantial jail sentence. Anthony Eriksen, aged 61 at the time of the crime, has formally lodged an intention to challenge his 26-year prison term, which includes a non-parole period of 20 years, for the horrific killing of Lisa Fenwick.
Gruesome Discovery and Legal Proceedings
In April 2023, the lifeless body of Lisa Fenwick was discovered on the bedroom floor of her Sydney apartment, covered with a washcloth and bearing 28 stab wounds, including fatal injuries to her heart and lung. Despite admitting to a triple-0 operator that he "put a knife into her," Eriksen pleaded not guilty in court, asserting he was suffering from sane automatism dissociation, commonly referred to as sleepwalking.
During the trial, Eriksen dismissed his defence team just before sentencing and represented himself, maintaining his innocence by stating he "didn't mean to" commit the act. The court ultimately found him guilty, establishing that while he intended to kill Fenwick, the murder was not premeditated.
Controversial Defence Strategy
Although unsuccessful for Eriksen, the sleepwalking defence has proven effective in other recent Australian cases. In 2024, Aaron Mendis was acquitted of all charges after arguing "sexsomnia," claiming he was asleep during sexual acts with young boys. Similarly, Victorian prosecutors dropped charges against Ilknur Caliskan, who alleged she was asleep when she killed her husband in September 2023.
Under Australian law, a person cannot be found guilty if they were unconscious or asleep during the commission of a crime, as case law requires that a defendant's actions be voluntary. However, in Eriksen's instance, assessments revealed he was in "a bright mood" and "jovial and reactive" shortly after the stabbing frenzy, complicating his defence.
Background and Motive
Neighbours and friends described Eriksen as approachable and outgoing, but the court heard he was financially dependent on Fenwick and struggled to cope with her decision to end their relationship. Prior to her death, Fenwick confided in a counsellor that the relationship had "irretrievably broken down" and expressed fear in text messages to a close friend, Michelle Roberts, stating, "If anything happens to me before, believe I am of sound mind."
This tragic case highlights ongoing issues of domestic violence, with resources available for support, including DV Connect and Lifeline. The appeal process will further scrutinise the validity of sleepwalking defences in serious criminal cases, raising questions about legal accountability and mental state during violent acts.
