Published 03 September 2019
Dog attack — Dog Control Act 1996 — exceptional circumstances — emotional harm reparations. The defendant appeared for sentence after his golden labrador broke free from his owner, attacking another dog and biting its owner (the victim). The Judge found the case met the exceptional circumstances test against the dog's destruction, given the attack was a one-off, the defendant had no prior problem with dogs, and further steps had been taken to improve the dog's enclosure. It was also noted that even if the circumstances were not exceptional, the Judge had discretion as to whether to order destruction of the dog. The dog was to be classified as a dangerous dog, and the defendant was ordered to pay $500 in fines, $619.10 as reparation for the vet bill, $130 in Court costs, and $850 in emotional harm reparations to the victim. Judgment Date: 11 February 2019.
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