Have you been charged with Offences Relating to Dog Attacks?
This legislation is broad and complex. Section 29 of the Domestic Animals Act 1994 contains numerous different offences relating to dog offences. Due to the technical differences between the different charges, it is essential that you engage a law firm that specialises in criminal law before proceeding further and entering a plea. How your matter resolves can make all the difference in relation to how the Council ultimately choses to deal with your dog. It is also important to recognise that in relation to section 29 subsections (1) & (2) that gaol is a possible disposition in relation to serious examples of the offence. If you are facing dog offence charges, call our office to discuss.
Please read below for more information in relation to this charge.
The offence
Section 29 of the Domestic Animals Act 1994
The prosecution must prove:
For the offence under Section 29(1):
A dog that is a dangerous dog, that is not a guard dog guarding non-residential premises or a restricted breed dog
Attack or bit a person or animal
The defendant was in apparent control of the dog at the time of the attack or biting.
For the offence under Section 29(2):
A dog that is a dangerous dog, that is not a guard dog guarding non-residential premises or a restricted breed dog
Attack or bit a person or animal
The defendant was the owner of the dog at the time of the attack or biting.
For the offence under Section 29(3):
A dog that is not a dangerous dog or a restricted breed dog
Attack or bit a person or animal
Causing death or serious injury
The defendant was in apparent control of the dog at the time of the attack or biting.
For the offence under Section 29(4):
A dog that is not a dangerous dog or a restricted breed dog
Attack or bit a person or animal
Causing death or serious injury
The defendant the was owner of the dog at the time of the attack or biting.
For the offence under Section 29(5):
A dog that is not a dangerous dog or a restricted breed dog
Attack or bit a person or animal
Causing injuries that are not in the nature of a serious injury
The defendant was in apparent control of the dog at the time of the attack or biting.
For the offence under Section 29(6):
A dog that is not a dangerous dog or a restricted breed dog
Attack or bit a person or animal
Causing injuries that are not in the nature of a serious injury
The defendant was the owner of the dog at the time of the attack or biting.
For the offence under Section 29(7):
A dog rushed or chased a person
The defendant was in apparent control of the dog at the time of the rush or chasing.
For the offence under Section 29(8):
A dog rushed or chased a person
The defendant was the owner of the dog at the time of the rush or chasing.
The maximum penalty
6 months imprisonment or 120 penalty units, depending on the subsection that is listed in the charge.
Where will my case be heard?
The Offences Relating to Dog Attacks cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Defences to Dog charges
It is a defence to dog offence charges if the incident occurred because—
(a) the dog was being teased, abused or assaulted; or
(b) a person was trespassing on the premises on which the dog was kept; or
(c) another animal was on the premises on which the dog was kept; or
(d) a person known to the dog was being attacked in front of the dog.Defences are limited in relation to dog offences but some defences are available.
Other questions relate to if you are pleading guilty, what can you do to minimise your sentence and to ensure a good outcome with the Council in relation to your dog.
What to do next?
Consult an experienced criminal lawyer urgently.
Preparation in relation to any matter is crucial. Don’t leave it to the last minute.
If you have been charged with Offences Relating to Dog Attacks make an appointment to see one of experienced lawyers today.
The legislation
Section 29 of the Domestic Animals Act, Offences and liability relating to dog attacks
(1) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units.
(2) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the owner of the dog, if not liable for the offence under subsection (1), is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units.
(3) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 40 penalty units.
(4) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the owner of the dog, if not liable for the offence under subsection (3), is guilty of an offence and liable to a penalty not exceeding 40 penalty units.
(5) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
(6) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog, if not liable for the offence under subsection (5), is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
(7) If a dog rushes at or chases any person, the person in apparent control of the dog at the time the dog rushed at or chased the first-mentioned person, whether or not the owner of the dog, is guilty of an offence and liable to a penalty of not more than 4 penalty units.
(8) If a dog rushes at or chases any person, the owner of the dog, if not liable for the offence under subsection (7), is guilty of an offence and liable to a penalty of not more than 4 penalty units.
(9) In any proceeding for an offence under this section, it is a defence to that offence if the incident occurred because—
(a) the dog was being teased, abused or assaulted; or
(b) a person was trespassing on the premises on which the dog was kept; or
(c) another animal was on the premises on which the dog was kept; or
(d) a person known to the dog was being attacked in front of the dog.
(10) In any proceeding for an offence under subsection (3), (4), (5), (6), (7) or (8), it is a defence to that offence 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.
(11) If a person is found guilty of an offence under this section with respect to a dog the court may, in addition to any other order made by the court, order that the person pay compensation for any damage caused by the conduct of the dog.
(12) If a person is found guilty of an offence under this section with respect to a dog, the court may order that the dog be destroyed by an authorised officer of the Council of the municipal district in which the offence occurred.
