Tom Cruise with daughter Suri.

Hollywood actor Tom Cruise 's attorney said he won't press charges male model Jason Sullivan, the man who drunkenly tried to enter Cruise's Southern California property by scaling one of the wall's that surround the compound.

Sullivan was earlier arrested for allegedly trespassing at Cruise's Beverly Hills mansion this week.

The Australian model and reality TV star - who seemingly entered the star's property in a drunken state - was spotted by Tom's security team who subdued him with a taser at around 9.30pm on Sunday but the actor isn't holding a grudge.

His lawyer Bert Fields told gossip website TMZ: ''Tom's not a vindictive guy. The guy was drunk. He didn't have a malicious intent.''

The 41-year-old man has been living in Tom's agent' Kevin Huvane's home next door and got mixed up with the houses.

Tom wasn't at home when the incident occurred as he is filming in England.

It was recently revealed the actor is planning to spend Christmas Day in the UK with his six-year-old daughter Suri, as he hasn't seen her in three months due to filming commitments.

Since shooting on 'All You Need Is Kill' has been extended until after the festive break, Tom is planning to fly Suri - his child with ex-wife Katie Holmes - over from her home in New York so they can celebrate together.

A source said: ''By the time Christmas comes, Tom won't have seen Suri for a long time. So he's agreed with Katie that it's only right she stays with him. Filming has been extended until after Christmas, so he will appreciate the break.''

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