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 Rushes at Person – Person in Control?
Dog Rushes at Person – Person in Control is an offence under section 29(7) of the Domestic Animals Act 1994 (Vic). It applies where a person who had apparent control of a dog at the time the dog charged at or chased someone. The person in control does not need to be the dog’s owner.
Key points
- The prosecution must prove the dog chased or charged someone, and the accused had apparent control of the dog.
- Injury to the person does not need to be proved.
- Cases are heard in the Magistrates’ Court of Victoria.
The maximum penalty for Dog Rushes at Person – Person in Control is a fine of 4 penalty units ($836.40 — as at 2026–27).
Common defences may include dispute about who had apparent control; dispute about whether the dog chased or charged; the incident occurred because the dog was teased/abused/assaulted, a person was trespassing where the dog was kept, another animal was on the premises, or a person known to the dog was being attacked; the incident occurred during a lawful hunt conducted in accordance with the Prevention of Cruelty to Animals Act 1986.
Have you been accused of Dog Rushes at Person – Person in Control?
Pleading Not Guilty
There 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 Guilty
Sometimes 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.
Sentencing
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Domestic Animals Act 1994 (Vic) s 29(8) — 154 charges across 94 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 81.8% |
| Adjourned Undertaking | 18.2% |
These figures indicate that the offence is generally treated as a regulatory matter, most often resolved with a financial penalty. The precise outcome will depend on the circumstances, including whether any injury occurred, the behaviour of the dog, and the owner’s prior history.
Which court will the case be heard in?
Cases related to this offence will be heard at the Magistrates’ Courts. As it is a minor offence, there is always a possibility of having a case such as this dealt with by way of diversion. It is a good idea to chat to a lawyer about this.
Elements of the offence
The Prosecution must prove:
- The dog chased or charged someone
- That the offender had apparent control of the dog
Importantly, the prosecution do not have to prove that an injury was suffered by the person who was chased by 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.
Legislation
The legislation for this offence of allow Dog or Cat to be a nuisance is section 29(7) of the Domestic Animals Act 1994.
Defences
Defences to this charge may be in relation to who had apparent control of the dog. It may also be a factual dispute as to whether the dog was chasing or was charging at someone. The overall circumstances of a case will dictate the best defence if it is not a plea of guilty.
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.
As per section 29(10), it is also a defence to section 29(7) if the incident occurred as part of a hunt in which the dog was taking part and which was conducted in accordance with the Prevention of Cruelty to Animals Act 1986.
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?
Maximum penalty for section 29(7) of the Domestic Animals Act 1994
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 ($836.40 — as at 2026–27) 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)).
