swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Animals - From: 1994 To: 1994
This page lists 5 cases, and was prepared on 02 April 2018.
Tierney v Valentine 1994 SCCR 697
1994
Scotland, Animals, Crime
A Boxer dog had attacked and bitten two children on a swing in a children's play park. The court found that the dog which was in the charge of the appellant entered the play area. It was not on a lead. It approached the swings and circled round them and then started to bark and jump at the two children. One of the children began to scream, whereupon the dog bit that child in the foot. It then bit the other child on the leg and bit the first child again on the leg. This child got off the swing and started to run away. The dog bit her arm. It was at that point that the appellant intervened, caught the dog and put it on a lead". The sheriff had noted the terms of section 10(3) saying: "Having regard to the evidence, I took the view that during the course of the events on (the date of the incident) the dog became dangerously out of control because, as matters developed, there were grounds for reasonable apprehension that it would injure someone, although there were no such grounds at the outset". Held: The sherrif's approach was rejected: "The occasion which arose in this case, to which the definition in section 10(3) should be referred, was the occasion of the incident described in the findings. That was a single incident and it was an incident at the beginning of which this dog was found not to be dangerously out of control. Since it was a single incident with no appreciable interval, there was no stage at which it could be said that there were grounds for reasonable apprehension that the dog would injure any person before it was all over and the dog was put on the lead. Accordingly, the essential basis for a finding of guilt on this charge was not present".
Dangerous Dogs Act 1991
1 Cites
1 Citers
Regina v Somerset County Council ex parte Fewings and Others; QBD 10-Feb-1994 - Times, 10 February 1994; Independent, 16 February 1994
RSPCA v Miller Times, 08 March 1994
8 Mar 1994
QBD
Animals
A dog 'walker' in a parade may not have custody of the dog, if the owner is nearby.
Protection of Animals Act 1954 - Protection of Animals Act 1988
Cichon v Director of Public Prosecutions Ind Summary, 28 March 1994
28 Mar 1994
QBD
Animals
A dog's being sick is no excuse for unmuzzling it. The Act is intentionally punitive.
Dangerous Dogs Act 1991 1(1)
Director of Public Prosecutions v Kellett; QBD 11-Jul-1994 - Times, 14 July 1994; Ind Summary, 11 July 1994
