Author: Andrew George
Practice area: Public Order
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Dog Found at Large Between Sunrise and Sunset?
Dog Found at Large Between Sunrise and Sunset is an offence under s 24(1)–(2) of the Domestic Animals Act 1994 (Vic). It applies where a dog is found “at large”, meaning wandering outside the owner’s premises or not securely confined to those premises. A person can be treated as an owner even if they are only looking after the dog temporarily.
Key points
- The prosecution must prove the dog was outside the owner’s premises or not securely confined, and it was found between sunrise and sunset (or sunset and sunrise).
- The conduct involves a dog roaming or being unsecured beyond the owner’s premises.
- Cases related to this offence are heard in the Magistrates’ Courts.
The maximum penalty for Dog Found at Large Between Sunrise and Sunset is If the dog is found at large between sunrise and sunset, the maximum is 6 penalty units ($1,254.60 — as at 2026–27). If the dog is found at large between sunset and sunrise, the maximum is 10 penalty units ($2,091.00 — as at 2026–27).
Common defences may include Dispute about who was in apparent control of the dog, or other issues with proof of the charge.
Note that a person is considered an “owner” even if they are just looking after the dog for a short time.
Have you been accused of Dog Found at Large Between Sunrise and Sunset?
Pleading Not Guilty
If you were not in control of the dog at the time they were found at large, or there is some other issue with the charge against you, our lawyers can represent you in a plea of not guilty. We can analyse the brief of evidence against you and strategise a defence on your behalf. We appreciate the risks involved with being charged and give frank advice about likely success and the risks involved with all possible options.
Pleading Guilty
A successful, effective plea of guilty to a charge of this kind would involve explaining to the court why the dog was found at large and what has been done to address the risk of it happening again. Our lawyers are best placed to achieve an excellent outcome for you by putting the offending into context and working with you to put the court’s mind at ease.
Sentencing
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Domestic Animals Act 1994 (Vic) s 24(1) — 2,984 charges across 1,970 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 82.3% |
| Adjourned Undertaking | 15.0% |
| Discharge/Dismissal | 2.7% |
These figures show that this offence is typically treated as a regulatory matter, most often leading to a financial penalty rather than a more serious sanction. Outcomes will depend on factors such as prior infringements, the circumstances of the incident, and whether any harm or risk was caused.
Which court will the case be heard in?
Cases related to this offence will be heard at the Magistrates’ Courts.
Elements of the offence
The Prosecution must prove:
- A dog is found wandering outside the premises of the owner or not securely confined to the owner’s premises; and
- That the dog is found between sunrise and sunset or sunset and sunrise.
Examples of Dog Found at Large
- Your pet dog has found a way to escape from your backyard and has done so while you are at work.
- You have taken your dog for a walk during the evening and while you are talking on the phone you become separated from your dog. You are now no longer aware of your dogs whereabouts and it is found roaming some distance away.
- Your dog can access the backyards of neighbouring houses and is not a welcome guest.
Legislation
The legislation for this offence of dog found at large between sunrise and sunset is section 24 (1) and (2) of the Domestic Animals Act 1994.
Defences
Defences to this charge may relate to who is in apparent control of the dog or other issues about proof of the charges. The overall circumstances of a case will determine what will be an appropriate defence to the charge.
If you have been accused of this offence a lawyer would be useful if you were contesting the allegation on principal. The decision on whether you should contest or plead guilty to this charge can be best assessed by a criminal lawyer. Contact one to discuss your case. There is also the possibility of having a case such as this dealt with by way of diversion.
Maximum penalty for section 24 (1) and (2) of the Domestic Animals Act 1994
If your dog is found at large between sunrise and sunset (s24 (1) and (2) of the Domestic Animals Act 1994), you could be sentenced to a maximum of 6 penalty units which currently equates to $1,254.60 — as at 2026–27. If your dog is found at large between sunset and sunrise, the offence carries a fine of 10 penalty units, which is currently equates to $2,091.00 — as at 2026–27. The amount a penalty unit reflects inflation and is reevaluated each financial year.
