My Sleepwalker

The phone on my desk rang. It was Silla from reception asking if I was available to see a client who was very upset and wanted to see someone right away. I asked what the problem was and Silla said the woman didn't speak much English, but that she had indicated that her son was in some kind of trouble with the police. From the tone of Silla's voice, I knew she really wished that I should see the woman. I respected Silla, for her many years of experience, and for that Mauritian flair with which she expertly and confidently executed her duties at the front desk. So I deferred to her judgement, set aside what I was working on and asked that the woman be shown in. 

The door opened and a 30-something year old Somali woman entered my room carrying a child in her arms, a toddler. Following behind her was a lean bespectacled teenager. The resemblance was obvious to see, I could tell immediately that these two were mother and son. Mrs G's frustration was clear, so I did the best I could to get them to relax. I then got down to the business of finding out what I could do for them. Mrs G spoke little English, but her son A, who was 18 and attended school, acted as our interpreter.

The story was that sometime the previous week policemen had visited their home and invited A, the son, to the police station. After the visit to the police station on that date, the son had been released on police bail and was requested to attend the police station again today. Mrs G had accompanied her son to the police appointment this morning and (thrusting the charge sheet at me) said her son had now been charged with the offence of breaking and entry.

Their neighbour next door, a female Polish immigrant, had made a complaint to the Police that she had been awoken from sleep in the middle of the previous night. On waking she realised that what had roused her were sounds and movements in her bedroom. She lived alone in her flat and normally left her bedroom window open at night during the summer months. She was alarmed, fearing that there might be an intruder in her bedroom so she switched on the bedside lamp. To her utter dismay she found a black man standing before her, inside her bedroom. She screamed, and the black man seeing that she had awakened, suddenly turned around, rushed to the open window, climbed out, and vanished into the darkness on to the roof of the kitchen extension of her building. She called the Police immediately and some officers were sent over to make sure this woman was alright. 

Seeing that she was okay the officers requested that the woman attend the police station in the morning to make a statement. In making this statement in writing at the police station the woman suggested that the black man in her bedroom bore a striking resemblance to the young son of the Somali family that lived next door to her. (I know all of these facts because I later got to read the statement that this woman gave to the police. During their first visit to my office, Mrs G and her son had only told their side of the story).

Now what Mrs G said to me during that first visit was that throughout his childhood A had suffered from somnambulism. He had been a serial sleepwalker, but that as he reached adolescence the incidence of sleepwalking had declined significantly. The family had been living in London since her son was about six years old, and as a child he had received medical treatment for the condition. She was afraid that his sleepwalking might have resumed, although apart from this present incident there were no recent incidents that she knew of. She thought her son could have been sleepwalking when he climbed out of their upstairs bathroom window in the middle of the night, and made his way on to the roof of their patio extension. He must have crossed over to the roof of the neighbour's kitchen extension, crawled across that roof to the neighbour's upstairs bedroom window, which was open, and climbed into the neighbour's bedroom.

The son himself had no recollection of the incident. He told police that he did not remember climbing out of the bathroom window of their house. Mrs G said her son's bedroom was down the corridor from hers, and that she had heard nothing. But his bedroom was directly next to the bathroom, and going by the allegation made by the neighbour, she feared that her son might have done that which he was now accused of doing. I accepted the case because I thought this would be interesting. My client (A, the son) was due in court the next Monday morning.

Early Monday morning I arrived at the Camberwell Magistrates Court and obtained the Advance Information documentation from the Crown prosecutor. He (or she) is obliged to make these available to me. In this bundle of documents is contained the victim's statement, and the statements and reports of the police officers who had attended the scene and conducted the investigation. I also noted from the papers that the victim had subsequently positively identified my client as the "black man" she saw in her bedroom.

On the basis of the information contained in the Advance Information bundle I advised my client to plead "Not Guilty", and this is what he did when the charge was read out to him in the crowded courtroom. 

Monday morning in any magistrates court is busy because of the overnight cases from the previous weekend. Detained cases are given priority. These are mostly remorseful young men who let alcohol get the better of them during the Friday and the Saturday night just gone. On this day there was a wife beater too. I said the courtroom was crowded, but half of the public gallery was taken up by what seemed like the entire adult Somali population of the borough where my client resides. 

I genuinely doubted that the prosecution would be able to prove (to the standard of proof that is required) that my client "broke into and entered" the victim's "dwelling place, with the intention of committing an offence", the legal definition of the crime of 'breaking and entry', which is what my client was now charged with. I realised that the mental element, (the intent), was a crucial element of this offence and that the prosecution would have great difficulty in proving that my client indeed climbed into his neighbour's bedroom, if at all, with the intention of doing something unlawful.

It was a 'Not Guilty' plea then, so the matter was to be adjourned and a date set for trial. At this point I interjected, saying that my client would be relying on medical evidence in his defence. For this reason a reasonable period was required for the medical report to be obtained. I requested an adjournment for four weeks, and my request was granted. The next date would be for a case management conference, a date for the court to assess the preparedness of the parties for trial.

Leaving court with me and surrounded by several loudly chattering Somali men and women, Mrs G was smiling, looking happier than I had ever seen her before then. I shook many appreciative hands, and I wondered why, since this was only the beginning of this case.

"Now to see to that medical report", I thought to myself as I left them and headed back to the office.. (To be continued