Jail term for squatter escaping -10c weather

[devogue]

Christmas squatter is jailed for six months

A homeless man who squatted in a Belfast apartment over Christmas to escape the freezing weather has been jailed for six months.

Robert Lewandowski, 29, used keys he had stolen weeks earlier to move into the south Belfast flat once a woman who lived there left for the holidays.

The Polish national was said to have taken nothing during a four-day stay.

Belfast Magistrates Court heard the woman who lived in the flat and the police were sympathetic to his plight.

He used a stove, watched television and cleaned up after himself.

Lewandowski pleaded guilty to theft and wrongfully taking possession of the property at Tates Avenue between December 24 and 28.

Belfast Magistrates' Court heard on Wednesday that he had been sleeping in apartment block communal areas after losing his home and job earlier this year.

'Stole keys'

He stole the keys after spotting the door to the flat lying open and went in after a party on 5 December.

A lawyer for Lewandowski, of no fixed address, said he had left the property exactly as he found it.

He told the court that when the woman and her partner returned to find him there the defendant did not try to leave.

The solicitor said his client was apologetic, but had only gone in on Christmas Eve when temperatures were down to -10C.

"He let himself in to keep out of the cold. For four days he used the TV and stove to heat some food," he said.

"He didn't take anything, and he had four days and ample opportunity to effectively clean the place out," the solicitor added.

But after Lewandowski waived his right to a pre-sentence report, the district judge said his theft and wrongful entry was without justification.

He was jailed for two terms of six months each to run cocurrently.

He also agreed to fix bail pending a planned appeal, although Lewandowski was not released as he had no suitable address.

http://www.bbc.co.uk/news/uk-northern-ireland-12088871

The owner of the property and the police seem to be understanding, and having experienced -10c (down to -18c at some points) I would have done anything to get out of that cold as well.

Of course property rights should be respected, but so should self-preservation. I think a custodial sentence in this instance is a fucking disgrace.

[maiforpeace]

Now he'll be warm?

It is a harsh sentence...what the judge should have done is find him a place in a homeless shelter, and ordered him to perform community service.

[Azathoth]

Free bed and board until the summer. He will probably do it again next winter

[Millefleur]

In any other case, where the 'victims' were upset, I'd have said some form of sentence should be imposed as the feeling of invasion may still be present despite their belongings and ouse staying intact, but in this case the judge really should have been far more lenient.

[Feck]

Free bed and board until the summer. He will probably do it again next winter

Good he might Live another year !

[Azathoth]

The judge did him a favour. he is warm until the summer and when he gets out he will be in the system and straight into a halfway house. From there he can claim benefits and will be at the top of the housing list

[Warren Dew]

Of course property rights should be respected, but so should self-preservation. I think a custodial sentence in this instance is a fucking disgrace.

A noncustodial sentence would leave him to freeze out in the cold.

[Trolldor]

While I sympathise, he stole the keys. Can't go around letting him off because of 'sympathy'. Likely to promote such actions.

[floppit]

God dev, you're a bloody useless right winger!

Maybe the appeal will uncover an ounce of common sense?

[Tyrannical]

We used to have a town bum that would get himself jailed every winter to avoid the cold.

[charlou]

^^ Can't blame them at all.

Pity society doesn't take better care of those who are suffering hardship and that more housing isn't available for destitute people so that the custodial option is even more unnecessary.

[Trolldor]

Now he'll be warm?

It is a harsh sentence...what the judge should have done is find him a place in a homeless shelter, and ordered him to perform community service.

No he shouldn't have.

The guy stole the woman's keys and then waited for her to leave - knowing she would be leaving which implies quite a deliberate plan.

If it had been an abandoned house, or the door simply left open and she found him there on a cold day I would probably agree with you. But not when you steal someone's house keys and plan to squat after they leave for holidays.

Justice must be done, and the law must act as a deterrent.

[charlou]

Now he'll be warm?

It is a harsh sentence...what the judge should have done is find him a place in a homeless shelter, and ordered him to perform community service.

No he shouldn't have.

The guy stole the woman's keys and then waited for her to leave - knowing she would be leaving which implies quite a deliberate plan.

If it had been an abandoned house, or the door simply left open and she found him there on a cold day I would probably agree with you. But not when you steal someone's house keys and plan to squat after they leave for holidays.

Justice must be done, and the law must act as a deterrent.

I've bolded the relevant bit in Mai's post.

[Trolldor]

And I don't think it's anywhere even remotely close enough to amend for stealing someone's keys and planning to squat on to their property.

[Tyrannical]

^^ Can't blame them at all.

Pity society doesn't take better care of those who are suffering hardship and that more housing isn't available for destitute people so that the custodial option is even more unnecessary.

By town bum, I meant town drunk / druggie / glue sniffer / pan handler