Dog Rushes at Person – Person in Control
Have you been accused of Dog Rushes at Person – Person in Control?
Pleading Not GuiltyThere may be a reason a dog in your control rushed at a person and these are defences our experienced lawyers can explore with you. If there is a defence to the charge against you, we will advise you. Perhaps the dog was teased or reacting to being abused. If you have been charged, contact us – we will sit down with you and get an understanding of what occurred. A charge is merely an allegation. We will assess the strength of the case against you and devise a comprehensive defence strategy for you.
Pleading GuiltySometimes what a dog does is beyond our control and whilst you do everything you can to contain them and ensure they don’t harm others, every so often they will rush at a person and someone might be charged because they were meant to be the person in control of the dog. Our lawyers are experienced in performing extensive preparation for our client’s cases so the court are understanding of their offending and circumstances.
SentencingSentencing in the Magistrates’ Courts of Victoria
Elements of the offenceThe Prosecution must prove:
- The dog chased or charged someone
- That the offender had apparent control of the dog
Examples of Dog Rushes at Person – Person in Control
- You run a dog-walking service, whereby people pay you to walk their dogs. You are walking someone else’s dog without a leash and they start running towards a stranger.
- Your friend asks you to mind their dog whilst they go inside the supermarket. You’re standing outside the supermarket with the dog on a leash, but the dog pulls away from you and chases a person, and you let go of the leash.
LegislationThe legislation for this offence of allow Dog or Cat to be a nuisance is section 29(7) of the Domestic Animals Act 1994.
The legislation also lists a number of specific defences. According to section 29(9), it is a defence to section 29(7) if the incident occurred because:
- the dog was being teased, abused or assaulted; or
- a person was trespassing on the premises on which the dog was kept; or
- another animal was on the premises on which the dog was kept; or
- a person known to the dog was being attacked in front of the dog.
Questions in cases like this
- Was the dog being teased by the victim? Or did the dog chase after them totally unprovoked?
- Was the victim on your premises without permission when the dog chased them?
- Did the dog really chase someone, or was it just approaching them in a playful manner?
- Were you being attacked by someone else, and your dog chased at the person in order to protect you?
- Was the dog in your apparent control, or was it a stray dog that you had no control of?
The offence of Dog Rushes at Person – Person in Control (s29(7) of the Domestic Animals Act 1994) carries a fine of 4 penalty units (around $644) as the highest possible penalty. Given this relatively low penalty it will usually be unnecessary to obtain legal representation. However, it may be important to talk to a lawyer if orders are being sought against the dog or if it has been in trouble before.
Further, if a person is found guilty of this offence, the court may order that the person pay compensation for any damage caused by the content of the dog (section 29(11)).