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 consequence in applying the statutory test that it may have taken eight minutes or more to separate the dogs. It is equally of no consequence that the witnesses found the incident frightening. The fact is that this was one incident at the beginning of which the dog was not dangerously out of control as defined by section 10(3). There is no finding to that effect. The sub-section speaks of ‘any occasion’. One is entitled to ask, on which occasion were there grounds for reasonable apprehension that this dog would injure someone? On the facts found the question is not, in my opinion, answered.’
Judges:
Lady Paton, Sheriff Principal Bowen, Sheriff Principal Lockhart
Citations:
[2009] ScotHC HCJAC – 101
Links:
Statutes:
Jurisdiction:
Scotland
Citing:
Cited – Normand v Lucas 1993
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 . .
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 – Mcilwaine v Higson, Procurator Fiscal, Airdrie HCJ 29-Sep-2000
A child was chased and mauled by a male Bull Mastiff, Winston, which, along with a female dog of the same breed had run out of the appellant’s house on to a grassy area where children were playing. The appellant had chased after the dogs and managed . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 11 August 2022; Ref: scu.392574