Page 165 - tmp

fares as I assume only one bus is required. If I am wrong in this assumption can you please confirm
by email the number of buses and the routes that the buses take at your earliest convenience. Can you
also please ask your mother to email over the letters that you have sent to the Benefits Agency
appealing and requesting the re­instatement of your benefits as this will assist my application.

Point (2) Again I can make an application to suspend your curfew on the dates of the festival but
again I need the documentation from the Council regarding this to support your application.

Point (3) I will have to consider this point in more detail but if I can illustrate an analogy to you
which I believe that the Judge will also use. Your case is that you were not a trespasser when you
entered the building due to notices on both buildings which confirmed they were legal squats. You
may well be right.

The law on burglary consists of entry to a building or part of a building, as a trespasser with intent to
either steal item, cause GBH or doing unlawful damage or actually does any of the aforementioned.

I will deal with the trespass point firstly. The notices in relation to the legal squat may well highlight
that you were not a trespasser when you entered. (I confess that I need to research this point) I think
that we can also agree that the squatters were not the owners of the building and had not made any
claim for adverse possession. I have included some information on adverse possession for your ease
of reference at the end of this email. Even if we can establish that you had a right to be in the building
it does not follow that you had a right to any of the contents. These would still remain the property of
the owner, unless you can provide me with the relevant section / legislation / case law. There are a
number of instances when a person can enter premises initially by invitation but once they do an act
contrary to the right of entry they then become a trespasser. i.e. a customer in a shop reaching over
the counter and taking a sales assistant's purse / phone. This is burglary because the person has stolen
property (a) that was not for sale (b) that was in a part of the building where the public did not have
access.

The other stumbling block to an application to dismiss is your police interview. You accept presence
and you accept purchasing items of garden furniture from a male called Mohammed. You state that
you have a receipt. This is a trial point and one to be left to the jury as to whether you believed that
Mohammed was lawfully entitled to sell the goods to you. Whilst considering this please bear in
mind that although the notices allowed entry once Mohammed assumed the rights of the owner by
disposing of the property and selling it he then arguably became a trespasser.

I am not concerned about the damage caused to the building as you state that this was caused on a
previous occasion so I should be able to establish this from the CPS in my disclosure requests in your
defence case statement.

Point (4) I can easily remedy this issue by bringing the photographs with me when I attend your
mother's address near the end of next week. I will confirm the day closer to the time and I am grateful
for your consideration and understanding that I cannot at this stage give you a fixed appointment. As
you are no doubt aware my diary varies from day to day and emergencies do arise.

Point (5) Unfortunately I am only made aware of problems when clients tell me they are unhappy. I
forwarded the correspondence bundle to your mother which demonstrated how much work I have
actually undertaken in your case to date, both during social and unsocial house and even when I have
been on annual leave.

Point (6) I will email the case papers over on the Winchester case under separate email as this is a
separate case.

NEXT ACTION REQUIRED BY YOU:
143