The defendant appealed against his conviction. He had been tried at the Crown Court for being in charge of a dog which caused injury whilst dangerously out of control. In being found not guilty of that offence, he had been convicted of a lesser offence of being in charge of a dog while dangerously out of control in a public place.
Held: The substitute conviction was for an offence triable only at the magistrates court, and was not among those excepted for this purpose under the 1967 Act. The Crown court’s conviction had been in excess of jurisdiction, and the appeal succeeded.
Judges:
Pitchford LJ, Dobbs DBE, Walker JJ
Citations:
[2011] EWCA Crim 1716
Links:
Statutes:
Dangerous Dogs Act 1991 3, Criminal Law Act 1967 6(3)
Jurisdiction:
England and Wales
Citing:
Applied – Buckley, Regina v CACD 13-May-2009
The appellant had faced trial at the Crown Court for the aggravated offence under section 3 of the 1991 Act, but had pleaded guilty to the lesser offence under section 4.
Held: The appeal was allowed. The section 4 offence was a summary only . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 20 September 2022; Ref: scu.444834
