This is a case study on an animal offence arising from an incident wherein a dog attacks another dog. Our client was the one in control of said dog at the time and he was subsequently charged with:
- one charge of being in control of a dog that attacked another dog causing serious injury in contravention of section 29(3) of the Domestic Animals Act 1994; and
- in the alternative, one charge of being in control of a dog that attacked another dog causing injuries not serious in nature in contravention of section 29(5) of the Domestic Animals Act 1994.
What is alleged to have occurred?
The allegation was that the client was walking his brother’s dog, an American bulldog, when they came across a cocker spaniel. A confrontation ensued, leading to our client’s dog attacking and biting the cocker spaniel. This caused two puncture wounds to the dog’s chest and throat area, including a 5cm laceration.
Our client made efforts to regain control of his American bulldog but was unable to do so for some time due to its strength. Significantly, our client was cooperative with the owner of the cocker spaniel and waited for around an hour for police to arrive.
Their owner filed a complaint with the local Council who interviewed our client. Our client made full admissions to his American bulldog attacking the other dog, noting that they often walked the American bulldog with a muzzle device over its snout to stop it from biting other dogs.
The cocker spaniel required vet bills close to $1,500 as a result. Importantly, our client paid restitution to the dog’s owner to cover the vet bills incurred as a result of the attack.
What happened at court?
We acted on the client’s behalf at the Moorabbin Magistrates’ Court.
Our client had no previous convictions and had made full admissions to the offending. His actions on the day of the incident reflected well on him. He pleaded guilty at an early stage, reflective of his remorse, resulting in a discount on sentence.
He was a 24-year-old man on a skilled regional visa with an intention to apply for permanent residency soon. So it was important that the outcome in this matter did not lead to any negative impact on his immigration status.
The client was advised to obtain material in support of his plea of guilty that would demonstrate his good character and current personal circumstances. He obtained a character reference from his employer of some 7 years and provided evidence of his payments to the owner of the dog attacked.
What was the result?
Our client received a $300 fine without conviction, with costs of $140 to the Council for the charge. This was an excellent outcome for a case involving a dog that attacks another dog considering the injuries sustained by the dog.
More information can be found about this charge here.
Lachie Davine
Lachie is experienced in a broad range of criminal matters including serious indictable crimes. He has extensive exposure to the County Court’s specialist lists including Koori Court, Drug & Alcohol Treatment Court, and bail services including the Court Integrated Services Program (CISP).Lachie strongly believes that rehabilitative interventions as part of criminal proceedings should be holistic in nature.
View Lachie Davine's profile.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 29/10/2024
