Cooper & Co's 'Dangerous Dog' Cases 2009
I am often asked by clients who are facing dangerous dog proceedings (ie cases under Section 3 of the Dangerous Dogs Act 1991 or Section 2 of the Dogs Act 1871) "What will happen to my dog?".
Sentencing isn't an exact science as each case will be determined on its own merits. However, to give an indication, I have prepared this schedule of cases that my firm has dealt with in 2009 giving the outcome of what
happened to the dog - in order to maintain client confidentiality no mention is made of the person's name, the penalty for the person, the facts of the case nor the Court involved.
You will see that no destruction orders were imposed in cases where my firm acted in 2009.
I am always mindful that in any case involving a dog acting dangerously, destruction is something that a bench will consider and so I am never complacent about the result. I can never guarantee a particular outcome but I
can assure you that I will always do my best.
The summary for 2009 is:-
- 29 dogs and 30 Defendants
- No destruction orders were made in any of these cases
- The greatest number of cases involved German Shepherd Dogs
- German Shepherd Dogs and Rottweilers accounted for nearly half of my cases
- 13% of my clients were found not guilty or had the proceedings withdrawn against them
- I negotiated a change of charge for 20% of my clients
COURT RESULTS FOR 2009
CDO = Contingent Destruction Order
CO = Control Order
DDA = Dangerous Dogs Act 1991
CPS = Crown Prosecution Service
Aggravated = injury to a person
Non-aggravated = reasonable apprehension of fear to a person
December
4 year old Staffordshire Bull Terrier
Section 3(3) DDA (aggravated)
Result : The client had used local Solicitors and a destruction order had been imposed at the Magistrates' Court. I appealed to the Crown Court where the order was overturned and replaced with a CDO + conditions of muzzle
and lead.
10 year old Whippet x Staffordshire Bull Terrier
Section 2 Dogs Act 1871
Result : CO (no conditions)
7 1/2 year old Rottweiler
Section 3(1) DDA (aggravated)
Result : CDO with conditions of lead and muzzle and exclusion from the park where the incident took place
Adult Staffordshire Bull Terrier
Section 2 Dogs Act 1871
Result : CPS withdrew
November
1 year old German Shepherd Dog
Section 3(3) DDA (aggravated)
Result : CDO with conditions requiring the boundary to be maintained, supervision of the dog when in the garden, a requirement for training and muzzling.
5 year old Golden Retriever
Section 3(1) DDA (aggravated) against both the owner and the dog walker.
Result : Proceedings stayed against the owner as being an abuse of process. CDO with conditions of lead and muzzle and exclusion from the park where the incident took place.
5 year old German Shepherd Dog
Section 2 Dogs Act 1871
Result : CO with conditions of lead and muzzle
Adult Staffordshire Bull Terrier
Section 3(1) DDA x 2 (one aggravated and the other non-aggravated)
Result : The client had appeared in person and a destruction order had been imposed at the Magistrates' Court. I appealed to the Crown Court where the order was overturned and replaced with a CDO + conditions of muzzle,
lead and a requirement for training.
5 year old mongrel
Section 3(1) DDA (aggravated)
Result : CPS offered no evidence
October
adult rescue dog Rottweiler x Japanese Akita
Section 3(1) DDA (non aggravated)
Result : CO with conditions of lead and muzzle
4 year old German Shepherd Dog
Section 3(1) DDA (aggravated)
Result : A rescue agreed to retain the dog in a secure environment
3 year old German Shepherd Dog
Section 2 Dogs Act 1871
Result : CO with conditions of lead or muzzle
1 1/2 year old German Shepherd Dog x Lurcher
Section 2 Dogs Act 1871
Result : CO no conditions
September
3 year old Jack Russell Terrier
Section 3(1) DDA (aggravated)
Result : No order
4 1/2 year old Beagle
Section 2 Dogs Act 1871.
Result : CO with conditions of lead and muzzle.
August
2 year old Rottweiler
Section 3(1) DDA (aggravated)
Result : CDO with conditions of a half check control collar, a head collar and lead, and a requirement that all handlers must attend a handling course.
May
Adult collie cross
Section 3(1) DDA (aggravated)
Result : CO no conditions.
2 year old German Shepherd Dog
Section 2 Dogs Act 1871
Result : CO no conditions
3 year old Rottweiler
Section 3 DDA (aggravated)
Result : Charge changed to Dogs Act 1871. CO with conditions of lead and muzzle.
4 year old Parsons Jack Russell Terrier
Section 3(1) DDA (aggravated)
Result : CDO with conditions of muzzle, lead and training
April
Adult Rottweiler
Section 3(1) DDA x 2 (one aggravated and one non aggravated)
Result : Discontinued by CPS
March
3 year old Rottweiler
Section 3(1) DDA (aggravated)
Result : Charge changed to Dogs Act 1871. CO with conditions of muzzle, lead and third party insurance.
2 year old Rottweiler
Section 3(1) DDA (aggravated)
Result : CDO with a condition of muzzle
10 year old Labrador cross
Section 3(1) DDA (aggravated)
Result : Charge changed to Dogs Act 1871. CO with condition of lead.
February
1 year old Japanese Akita
Section 3(1) DDA (aggravated)
Result : CDO with conditions of lead and muzzle and not to go to the road where the child lives
3 1/2 year old German Shepherd Dog
Section 3(1) DDA (aggravated)
Result : Charge changed to Dogs Act 1871. CO no conditions.
10 year old Weimeraner
Section 3(1) DDA 1991 (non aggravated) and Section 2 Dogs Act 1871.
Result : DDA charge withdrawn. CO with conditions of lead and muzzle.
7 year old Doberman
Section 3(1) DDA (aggravated)
Result : CPS discontinued.
January
Adult mongrel
Section 3(1) DDA (aggravated)
Result : Charge changed to Dogs Act 1871. CO with condition of muzzle.
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