The offence under section 3(1), requiring the owner to keep a dangerous dog under control, is one of strict liability. The court noted the difference in wording between the sections.
Kennedy LJ said: ‘Accordingly, we come to the conclusion that the terms of the statute in section 3(1) do have to be read in the way that we indicated at the start of this judgment. In other words, when one encounters the words in section 3(1) — ‘dangerously out of control’ — one applies the meaning which is set out in section 10(3) and that means, in effect, that if a dog is in a public place, if the person accused is shown to be the owner of the dog, if the dog is dangerously out of control in the sense that the dog is shown to be acting in a way that gives grounds for reasonable apprehension that it would injure anyone, liability follows. Of course, if injury does result then, on the face of it, there must have been, immediately before the injury resulted, grounds for reasonable apprehension that injury would occur.’
Judges:
Kennedy LJ
Citations:
Gazette 02-Feb-1994, Times 07-Dec-1993, [1994] 1 WLR 1057
Statutes:
Dangerous Dogs Act 1991 3(1) 3(2)(3)
Jurisdiction:
England and Wales
Cited by:
Cited – Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) CA 3-Feb-2014
The claimant had been riding his cycle. A dog, known to be aggressive, chased him, he swerved ino the path of a car and was severely injured. His claim was rejected by the appellant saying that no crime of violence had been involved. CICA now . .
Cited – Rafiq v Director of Public Prosecutions QBD 1997
The court heard an appeal from conviction of an offence under section 3.
Held: The court referred to Bezzina.
Popplewell J dissented from the approach in Bezzina, saying: ‘It seems to me that in order to impose some logic in this case the . .
Cited – Gedminintaite, Regina v CACD 15-Feb-2008
Application for leave to appeal against a ruling given by His Honour Judge Gibson as to how he would address the jury in a case of an offence under the Dangerous Dogs Act 1991. Rottweiler with no history of aggression attacking passer by.
Lists of cited by and citing cases may be incomplete.
Animals, Crime
Updated: 07 December 2022; Ref: scu.86129
