Search Results for: Dangerous Dogs Act 1991

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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 proper way to approach these cases is to take the view that if … Continue reading Rafiq v Director of Public Prosecutions: QBD 1997

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. Held: Leave refused: ‘On either the interpretation propounded in Rafiq or that … Continue reading Gedminintaite, Regina v: CACD 15 Feb 2008

Regina v Bezzina, Regina v Codling, Regina v Elvin: CACD 7 Dec 1993

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 … Continue reading Regina v Bezzina, Regina v Codling, Regina v Elvin: CACD 7 Dec 1993

CICA v CICP/First-Tier Tribunal and TS: UTAA 19 Nov 2012

TS (aged 14) was riding his bicycle. A dog ran out and chased him into the path of a car. He suffered serious injury. The dog had known aggressive characteristics. His claim to CICA was rejected on the basis that no crime of violence was involved. CICA sought judicial review of the first tier tribunal’s … Continue reading CICA v CICP/First-Tier Tribunal and TS: UTAA 19 Nov 2012

Regina v Knightsbridge Crown Court ex parte Dunne; Brock v Director of Public Prosecutions: QBD 7 Jul 1993

‘Type of Dog’ has a broader meaning than the phrase ‘Breed of Dog’. American breed standards include characteristic behaviour also. Citations: Independent 07-Jul-1993, Times 23-Jul-1993 Statutes: Dangerous Dogs Act 1991 1(1)(a) Jurisdiction: England and Wales Animals, Crime Updated: 29 September 2022; Ref: scu.87093

Regina v Cox (Jacqueline): CACD 27 Jan 2004

The defendant had been sentenced to nine months imprisonment for the aggravated offence of failing to control her dogs. Held: Parliament clearly intended that imprisonment should be available to the courts in approriate circumstances. The court was correct to take into account the effects of the offence, in this case a very severe mauling of … Continue reading Regina v Cox (Jacqueline): CACD 27 Jan 2004

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 gone on to bite another. Held: The appeal succeeded: ‘it is of no … Continue reading Thomson v Procurator Fiscal, Peterhead: HCJ 16 Dec 2009

Webb v Avon and Somerset Constabulary and Another: Admn 20 Dec 2017

The appellants challenged the interpretation of the 1991 Act, and of the 2015 Order, and in particular whether the power of a court under section 4B of the Act to make a contingent destruction order (‘CDO’) in relation to a dog prohibited under the Act including those of the type known as pit bull terriers … Continue reading Webb v Avon and Somerset Constabulary and Another: Admn 20 Dec 2017

Regina v Knightsbridge Crown Court, Commissioner of Police for Metropolitan Police, Wells Street Magistrates’ Court ex parte Leslie Victor Crabbe: Admn 18 Dec 1996

The appeal challenged a finding that a dog was a pit bull terrier, unregistered, and to be destroyed. A decision had been made not to prosecute the owner. He now challenged the finding that it was of a type to which the Act applied. The appellant had had opportunity to obtain access for an expert, … Continue reading Regina v Knightsbridge Crown Court, Commissioner of Police for Metropolitan Police, Wells Street Magistrates’ Court ex parte Leslie Victor Crabbe: Admn 18 Dec 1996

Cummings v Director of Public Prosecutions: Admn 26 Mar 1999

A dog was in a public place even when the area was fenced off where it could be deemed to be public by virtue of public ownership. Private agreement between neighbours to fence of an area is insufficient. Citations: Times 26-Mar-1999, [1999] EWHC Admin 171 Links: Bailii Statutes: Dangerous Dogs Act 1991 3(1), Dangerous Dogs … Continue reading Cummings v Director of Public Prosecutions: Admn 26 Mar 1999

Bates v United Kingdom: ECHR 16 Jan 1996

The claimant sought to challenge the rebuttable presumption as to the breed of a dog enacted in section 5(5) of the Act. Held: The applicant had been entitled but, although represented, had failed, to call evidence to prove at trial that his dog was not of the breed proscribed by the Act, and that the … Continue reading Bates v United Kingdom: ECHR 16 Jan 1996

PY, Regina v: CACD 22 Jan 2019

Police ‘lawful use’ of dog must be police work The prosecutor wished to appeal from the acquittal of a police officer, whose police dog, while being exercised, attacked a runner causing injury. The judge had accepted the defence, since the dog required exercise, the officer was using the dog for a lawful purpose with the … Continue reading PY, Regina v: CACD 22 Jan 2019

Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005