Sentence Appeal for Dangerous Dog Attack
This is a case study on a sentence appeal for dangerous dog attack involving non-guard dogs.
The clients were husband and wife who were dog owners that lived on a semi-rural property. There were sheeps kept in a paddock belonging to their next-door neighbour. The dogs held by the clients were declared as dangerous dogs due to a prior incident involving the mauling of sheep a couple of years ago. They had installed appropriate signage and had put proper collars on their dogs.
For an unknown reason, the dogs became loose and were seen on the neighbouring property along with an unidentified third dog. The dogs were then involved in mauling an alpaca and 3 sheep to death. The ranger attended at the property and captured the two dogs owned by the clients upon their return. They were housed in the council kennel for a period of time before ultimately being put down.
At the magistrates’ court, the clients were represented by different lawyers. Both were found guilty and were convicted and fined $3,500 each. They were then ordered to pay costs exceeding $60,000 to the council in impoundment fees and fees for the council’s lawyers.
The clients came to us for a sentence appeal over the dangerous dog attack case. Kristina Kothrakis acted on their behalf at the Bendigo County Court. The charges were:
- Dangerous Dog Attack Animal
- Dog Attack Animal Causing Death
We considered the most beneficial way of obtaining a good outcome in relation to the costs – which was to try and negotiate an agreement between the parties. After much correspondence, the council ultimately agreed to accept $10,000 as a total amount. Submissions were made to the judge in relation to the appropriate penalty and the sentence was readjusted to a $2500 fine for the husband, and a good behaviour bond for the wife.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her background and experience.
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 19/11/2017