David Dribbin Dog Offences Lawyer Managing Partner Dribbin & Brown Criminal Lawyers Melbourne
Dog offences are council-initiated charges relating to your dog. If you own a dog, you are deemed responsible for anything your dog does. Dog offences usually result in a fine, but in more serious cases, depending on the nature of the charges laid by council, they can lead to a community corrections order or gaol. The Council or the Courts can also make other orders, such as menacing dog declarations, dangerous dog declarations, or, in very bad situations, a dog destruction order, such as in serious dog attack cases.
Dribbin & Brown Criminal Lawyers regularly represent clients charged with dog-related offences in the Magistrates’ Court. We have offices in Ballarat, Frankston, Moorabbin, Ringwood, Dandenong, Geelong and Melbourne CBD, close to the local courts in these areas. We routinely appear at these courts to defend clients charged with dog offences.
The council bodies across Melbourne and the Mornington Peninsula have wide-ranging powers to deal adversely with a resident’s dog or cat. When there is a dog attack, the council will often attempt to persuade the animal’s owner to consent to destroying the animal prior to the prosecution. If unsuccessful, they will either declare the animal dangerous or move to have it put down.
In these circumstances, it is crucial for the dog owner to seek legal advice and retain a lawyer to defend their case. The repercussions for dog offences can be severe, potentially resulting in the heartbreaking loss of your pet and a possible gaol sentence for the owner. Acting promptly and seeking legal counsel can help you navigate these challenging situations.
Be aware of increased penalties
Recently, the government has moved to increase the penalties for dog attacks, potentially making dog owners liable to imprisonment. If you have to attend court for a dog attack, it is not a matter to be taken lightly. You’ll need advice from an experienced dog offence lawyer.
Under the Domestic Animals Act 1994 (the Act), there are several charges relating to dog offences, including:
An owner of a dangerous dog, menacing dog or a restricted breed dog is liable to serious criminal offences if their dog kills or endangers the life of someone. The following are the most serious dog offences and exist under the Crimes Act 1958:
These offences apply to owners of attack-trained dogs, dangerous dogs declared due to attack, declared menacing dogs, guard dogs and restricted breed dogs (both registered and unregistered).
An owner is liable to up to 10 years imprisonment if their dog kills someone and 5 years if their dog endangers someone’s life (Crimes Act 1958 s319B and s319C).
Why you need advice from a dog attack lawyer
You must seek urgent legal advice if you have been charged under section 319B or 319C of the Crimes Act 1958. You may face an immediate prison sentence if your case is improperly prepared.
Dribbin & Brown Criminal Lawyers have extensive experience handling dog offences. Call us today to have one of our dog attack lawyers help you with your case.
What are restricted breed dogs?
Restricted breed dogs are a category of dangerous dogs under the Domestic Animals Act 1994 that are automatically subject to various obligations with various penalties for non-compliance. A restricted breed, as defined in s3(1) of the Act, is any one of the following:
Pit Bull Terrier
Presa Canario
Dogo Argentino
Japanese Tosa
Fila Brasileiro.
While restricted breed dogs have not attacked a person or animal or displayed signs of aggression, they are considered a higher risk to public safety than other breeds.See Animal Welfare Victoria for more information on the requirements for keeping a restricted breed dog.
What is a dangerous dog declaration?
A Dangerous Dog Declaration means that to keep your dog, you must comply with onerous restrictions that the council says are in place to protect the community and members of the public from dangerous dogs.
Contravention of requirements under the dangerous dog provisions of the Domestic Animals Act 1994 and the prescribed requirements of the Domestic Animals Regulations 2015 has severe implications.
A dangerous dog declaration applies throughout Victoria and cannot be revoked, amended or otherwise altered.
A dog is automatically a dangerous dog under s34A of the Domestic Animals Act 1994 if it:
the dog is kept, or at any time has been kept, for the purpose of guarding non-residential premises; or
the dog, at any time, has been trained to attack or bite any person or any thing when attached to or worn by a person.
Under the Domestic Animals Act 1994, authorised officers are granted substantial powers to declare a dog a ‘dangerous dog’. See Council powers regarding dangerous dog declarations below.
Requirements for dangerous dogs
Owners of dangerous dogs are burdened with a series of stringent obligations, the violation of which can lead to severe penalties.Under section 37 of the Act, a person who owns a dangerous dog has obligations. A dog that is declared dangerous must remain in a prescribed enclosure while on the owner’s property. A prescribed enclosure is designed to ensure the dog cannot escape and requires an adult to access it.Under section 39 of the Act, a premises that houses a dangerous dog must display the appropriate warning signs and have the dog wear a prescribed collar that is red and yellow striped at all times.Section 41 indicates that when an owner has a dangerous dog outside the premises, the dog must be muzzled and under a person’s control (i.e. fitted with an appropriate leash to allow effective control).The dog must also be registered with council, wear the council marker, and have an ISO microchip in accordance with regulations. The dog and owner’s details must be placed on the Victorian registry for declared dogs.There is also a requirement to desex all dogs that have been declared dangerous due to an attack.Failure to comply with any of the requirements may result in multiple charges. As you can see, the obligations are significant and can adversely affect the dog’s quality of life. This will certainly impact the interaction between the dog and the owner.See Animal Welfare Victoria for more information on the requirements for keeping dangerous dogs.
What to do if your dog is declared a dangerous dog?
You can request an internal review if the council declares your dog dangerous. If that review is unsuccessful, you can appeal to VCAT. If the council elects to destroy your dog, that matter cannot be reviewed by VCAT and must be referred to the Supreme Court for administrative review.The council will only make these orders following a finding of guilt in the Magistrates Court. If the Magistrates Court makes a destruction order, this is a different situation, and the decision can be appealed to the County Court. It is confusing, so if you are facing serious dog offences, you must speak to a lawyer, as negotiations with the council can achieve a better outcome.
Dog Offences: Council and Court Processes
Court powers regarding dogs
Under section 84 of the Domestic Animals Act 1994, the court can make various orders, such as to:
Require owners to make modifications to their homes to better house an animal;
Prohibit the ownership of dogs and cats by a defendant;
Order costs against a defendant in relation to the care of the animal in the interim period;
Make an order for destruction or forfeiture if money is not paid to the council;
Make a disposal order in relation to the animal; and
Order the return of the animal to the owner.
Council powers regarding dangerous dog declarations
The council has the power to declare a dog a ‘Dangerous Dog’.
Under section 34, the council may declare a dog to be a dangerous dog in circumstances where:
The dog has caused serious injury or death to a person or another animal by biting or attacking that other entity;
If the dog has previously been declared a menacing dog and its owner has previously been given two or more infringements in relation to section 41E of the Act;
The dog has previously been declared dangerous by corresponding legislation;
There have been more than two infringements under s29(5),(6),(7) or (8) of the Domestic Animals Act 1994 regarding the same dog; or
for any other reason prescribed.
‘Serious injury’ means an injury requiring medical or veterinary attention in the nature of:
a broken bone;
a laceration;
a partial or total loss of sensation or function in a part of the body; or
an injury requiring cosmetic surgery (s3).
The council cannot make a dangerous dog declaration in circumstances where:
A person was trespassing and was attacked;
The dog was being teased;
Another animal ventured onto the property where the dog resides; or
A person known to the dog was being attacked in front of the dog or in circumstances where the dog was taking part in a hunt.
It should be noted that any declaration made has effect throughout Victoria.
Under section 35 of the Act, when the council makes a declaration, it must notify the owner and allow the owner to respond in writing and orally.
Council powers in relation to menacing dog declarations
The council may declare a dog to be a ‘Menacing Dog’ if a dog has either rushed at or chased another person or has bitten another animal, causing an injury, although not a serious injury.
The council may also declare a dog menacing if a different state with corresponding laws has done so.
If the dog’s owner has been found guilty of section 29(7) or (8) of the Domestic Animals Act 1994 in a Court, the Magistrate may make an order declaring the dog to be menacing.
The council may not declare a dog as menacing when:
The person who claimed the grievance was trespassing at the property where the dog was kept;
The dog was being teased and abused;
The owner of the dog was being attacked in front of the dog.
The council must notify the owners in relation to the declaration under s41B.
Under s41C the notice must be served on the person within 7 days of making the declaration.
The owner of the dog has the right to ask the council to consider further submissions from the owner before making a formal declaration.
Under s41D, the owner of a dog that has been declared as menacing is obliged to tell the council if:
The dog resides at a new address;
The dog rushes or chases another person;
The dog goes missing; or
The ownership of the dog changes.
Failure to comply with the above may result in charges and fines.
When owners of menacing dogs take the dog outside of the premises where the dog resides, they must do the following:
Keep the dog muzzled to prevent any potential for biting to occur; and
Keep the dog under the effective control of some person by way of leash.
Appealing a Council decision
Under section 98AA of the Domestic Animals Act 1994, you can appeal the following Council decisions to VCAT:
A dangerous dog declaration;
A menacing dog declaration; and
A restricted breed declaration.
If a Magistrate makes a declaration, the decision can be appealed to the County Court of Victoria.
Destruction orders
Councils have significant authority to authorise dog destruction under section 84 of the Domestic Animals Act 1994. Section 84TA allows destruction orders to persist when the dog’s owner is guilty of an offence under section 24 or 26 of the Domestic Animals Act, the registered owner cannot be identified, and the authorised officer reasonably believes that the dog would likely offend against section 29 of the Act. The decision must be made within 24 hours after the seizure and recorded officially. The officer must not destroy the dog until 48 hours have passed following the making of the record. Under s84TB of the Act, an officer can immediately destroy a dog that the officer reasonably believes is behaving in a manner that will result in imminent serious injury or death to a person or other animal. Under 84TC, a dangerous dog found at large can be destroyed if the authorised officer is satisfied that the owner of the dog would be guilty of an offence against section 24 or 26 of the Act. The council must wait at least 24 hours before the dog is destroyed after making the record.
What you can do if you are facing a destruction order
While the Act does not provide a direct means to overturn destruction orders, there is a potential remedy through judicial review. This process empowers you to appeal to the Supreme Court if you believe the council did not follow the correct procedure in making its decision. Destruction orders made by a Magistrate can be appealed to the County Court. For this to occur, the council must make the application in court following a plea of guilty to charges that empower the council to take action regarding the dog. Councils rarely make the application in court, preferring to rely upon their legislated right to make that decision behind closed doors between council members following a plea of guilty in the Magistrates’ Court. Engaging a law firm with extensive experience in dog attacks and dog offences is not just important, it’s crucial. The potential consequences of inadequate representation could have a significant and lasting impact on your life.
