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#388583 - 15th Feb 2010 7:49pm What would the charge be?
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
Plusone witnessed today a horrible attack on a King Charles dog by an unleashed (we think) American Bull Mastiff. The poor little dog died. The 'owner'+ dog ran off, a witness followed in car and was able to tell police where.
Been around to pass condolences to young girl, police have got the A.BM owner but no dog and have enough evidence to charge him-what with though?
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Mia Mabel


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#388584 - 15th Feb 2010 7:51pm Re: What would the charge be? [Re: RUDEBOX]
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
If the dog is legal the police cant ask for destruction of it but council can-how does this work?
_________________________
Mia Mabel


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#388597 - 15th Feb 2010 8:25pm Re: What would the charge be? [Re: RUDEBOX]
Capt_America Offline
Forum Addict

Registered: 26th Jul 2008
Posts: 1498
Loc: Wallasey
Rude, this is shocking, I spoke to one of the people at our dog club and they sent me something which I hope you find helpful in this case.

The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006 states that dogs must be on a lead in a public place maximum fine £100.

Dangerous Dogs act 1991 states any personal loss incurred due to a dog attack is due to compensation paid through the courts. It also allows for the destruction of illegal dogs deemed dangerous. This does not only refer to “banned” breeds ie pit-bulls or Japanese Tosas, but to dogs deemed to be dangerous due to an unprovoked attack. This is a criminal offence. Section 3 allows the Police to seize the dog and to destroy it unless the owner can prove that the attack was exceptional and totally out of character.

The Dogs act 1871 still covers most legislation concerning attacks by a dog out of control. The legislation covers mostly civil action, but the case is usually heard in Magistrates court.

The most important thing to do is to report the attack to the Police and find or provide the address and name of the owner.

Please keep us updated on this awful case.
_________________________
See you in cyberspace!

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#388611 - 15th Feb 2010 8:47pm Re: What would the charge be? [Re: RUDEBOX]
Softy_Southerner Offline

Forum Guardian

Registered: 2nd May 2008
Posts: 4090
Loc: Back in Devon
OMG - that's awful

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#388612 - 15th Feb 2010 8:52pm Re: What would the charge be? [Re: Softy_Southerner]
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
Will keep you all updated-expecting the police over next couple of days to take statement from plusone. As i said they got lad in custoady atm but he saying nothing about whereabouts of the dog.
_________________________
Mia Mabel


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#388613 - 15th Feb 2010 8:55pm Re: What would the charge be? [Re: Capt_America]
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
Originally Posted By: Capt_America
Rude, this is shocking, I spoke to one of the people at our dog club and they sent me something which I hope you find helpful in this case.

The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006 states that dogs must be on a lead in a public place maximum fine £100.

Dangerous Dogs act 1991 states any personal loss incurred due to a dog attack is due to compensation paid through the courts. It also allows for the destruction of illegal dogs deemed dangerous. This does not only refer to “banned” breeds ie pit-bulls or Japanese Tosas, but to dogs deemed to be dangerous due to an unprovoked attack. This is a criminal offence. Section 3 allows the Police to seize the dog and to destroy it unless the owner can prove that the attack was exceptional and totally out of character.

The Dogs act 1871 still covers most legislation concerning attacks by a dog out of control. The legislation covers mostly civil action, but the case is usually heard in Magistrates court.

The most important thing to do is to report the attack to the Police and find or provide the address and name of the owner.

Please keep us updated on this awful case.
thanks, will take this info to the owner/ victim.
_________________________
Mia Mabel


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#388620 - 15th Feb 2010 9:10pm Re: What would the charge be? [Re: RUDEBOX]
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
Would it be an offence to hide/ harbour the attaking animal, even its a legal breed? 'perverting the course of justice'?
_________________________
Mia Mabel


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#388637 - 15th Feb 2010 10:20pm Re: What would the charge be? [Re: RUDEBOX]
Anonymous
Unregistered


bizarely...it would actually be criminal damage. Death of the dog is considered "damage" for the purposes of criminal damage...dog is considered property....bizzare!

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#388638 - 15th Feb 2010 10:24pm Re: What would the charge be? [Re: Anonymous]
abcdefgh Offline
Old Hand

Registered: 4th Aug 2009
Posts: 350
Loc: wirral
mad Where abouts did this happen? I know of someone walking around with a banned breed, not muzzled.

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#388639 - 15th Feb 2010 10:26pm Re: What would the charge be? [Re: Anonymous]
angelina Offline
Enthusiast

Registered: 30th Aug 2008
Posts: 168
Loc: wallasey
Yes an animal is considered property, but steps can be taken through the courts to impound the animal if it is considered dangerous! I hate it when I walk my dog on his lead and dogs that are off lead approach barking and snarling, just two days ago my dog had his face bitten by a Jrt.

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#388642 - 15th Feb 2010 10:41pm Re: What would the charge be? [Re: abcdefgh]
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
Originally Posted By: aegean
mad Where abouts did this happen? I know of someone walking around with a banned breed, not muzzled.
report it then?!
From plusones description the attacking dog was an american bull mastiff-i.e not illegal.
_________________________
Mia Mabel


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#388644 - 15th Feb 2010 10:47pm Re: What would the charge be? [Re: angelina]
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
Originally Posted By: angelina
Yes an animal is considered property, but steps can be taken through the courts to impound the animal if it is considered dangerous! I hate it when I walk my dog on his lead and dogs that are off lead approach barking and snarling, just two days ago my dog had his face bitten by a Jrt.
this animal sniffed, attacked-a few seconds later it was 'all over'. No need to be more specific than that! All dogs should be on a leash and under proper control of handler/ owner.
_________________________
Mia Mabel


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#388649 - 15th Feb 2010 10:58pm Re: What would the charge be? [Re: RUDEBOX]
abcdefgh Offline
Old Hand

Registered: 4th Aug 2009
Posts: 350
Loc: wirral
smile I actually meant where did the attack take place? There is a person who has a banned breed, it is known by the police and dog wardens. Where did the attack happen? k.e. location


Edited by aegean (15th Feb 2010 11:00pm)

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#388651 - 15th Feb 2010 11:14pm Re: What would the charge be? [Re: abcdefgh]
RUDEBOX Offline

Wiki Master

Registered: 29th Aug 2008
Posts: 18995
Loc: Bob Land
This animal has been described by witnesses as NOT illegal so i dont think its the one you talking about? It was in seacombe.
_________________________
Mia Mabel


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#388652 - 15th Feb 2010 11:26pm Re: What would the charge be? [Re: RUDEBOX]
abcdefgh Offline
Old Hand

Registered: 4th Aug 2009
Posts: 350
Loc: wirral
Thanks, shame about the dog and the owner who must be traumatised. The dog Im talking about has attacked loads of dogs but the owner seems to be above the law, his dog is a pit bull. Makes me sick, it went for my dog, whose daft as a brush, managed to intervene in time though Someone should take action over that dog in Seacombe, imagine if it did that to a child? banned or not banned breed its still dangerous!

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