A lady had fallen in the street and was sitting on a wall when the appellant appeared, along with a small Jack Russell dog. The lady who had fallen encouraged the dog to sit on her knee whilst she was on the wall. She leaned forward and the dog unexpectedly bit her face. Her husband left the scene to summon help from a relative, along with an ambulance. Other individuals appeared on the scene and at the stage when the injured lady was being put into the ambulance the dog bit someone else.
Held: The Court noted that while there may not have been evidence from which the sheriff could have inferred that the dog was dangerously out of control when it bit the first lady by the stage of the subsequent bite ‘there was material upon which the sheriff could have inferred that there were grounds for reasonable apprehension that the dog would injure someone’.
Citations:
1993 GWD 15-975
Jurisdiction:
England and Wales
Cited by:
Cited – Tierney v Valentine 1994
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 . .
Cited – Thomson v Procurator Fiscal, Peterhead HCJ 16-Dec-2009
The defendant appealed against her conviction for having her dog dangerously out of control in a public place. She said there had been insufficient evidence to justify the finding. The dog was said to had attacked and bitten another dog, and then . .
Lists of cited by and citing cases may be incomplete.
Scotland, Animals, Crime
Updated: 08 May 2022; Ref: scu.503462
