PRIVATE PROSECUTION: DOG OWNER FOUND GUILTY UNDER THE DANGEROUS DOGS ACT AND FOR COMMON ASSAULT

Dangerous Dogs Act, PRIVATE PROSECUTION: DOG OWNER FOUND GUILTY UNDER THE DANGEROUS DOGS ACT AND FOR COMMON ASSAULT

A recent private prosecution saw a man convicted after his dog attacked another dog, the owner of which was then assaulted by the defendant. 

 

The attack

Our client was walking his dogs along the canals of Warwickshire. 

Our client’s dogs suddenly began running back towards him and hid behind him. Our client quickly discovered why as he saw a bullmastiff bound towards them.

The bullmastiff bashed into our client, passing him to then fix his jaws around the neck of our client’s younger retriever dog.

Whilst our client was trying to protect his dog, the owner of the bullmastiff began punching him in the face, causing our client to be knocked to the ground.

As our client tried to make his way back to his house, he met one of his neighbours who helped him get home. Our client then called the police and called for an ambulance. The ambulance came but the police didn’t. 

The defendant also contacted the police following the incident, offering a very different account of what happened that day.

Our client was taken to hospital where he was examined by medical professionals who confirmed injury. His dog was also taken to see a vet, and was treated for minor injuries, causing our client to incur expense.

When the police turned up later, they took a statement. Our client gave them consent to get medical records and everything else that they would need. He gave them details of witnesses in so far as people who were there immediately afterwards, of which there were three. They had seen the man and the dog walking along the canal previously; the dog has a reputation of being dangerous and has attacked other dogs.

The police came back the next day and told our client they’d interviewed the owner of the bullmastiff, he had denied it, and they were closing the case. 

They hadn’t taken any of the witness evidence and they hadn’t got the medical evidence. As a retired police officer himself, our client was not going to let an attack like this go.

Our client instructed us to prosecute the case.

 

How we secured a conviction

We worked with our client to build the case. We took statements and reworked our client’s statement with him.

At trial, the defendant had to concede that he had misled the police about what had happened.

The defendant pleaded guilty to having a dangerous dog, but he pleaded not guilty to assaulting our client. However, he was found guilty.

The court ordered the defendant to pay the costs of bringing the case, meaning our client would be reimbursed his expenses. The court felt unable to award the £600 vet fees, but Regan took a second action against him and our client recovered all of his costs.

If the defendant did not pay, the court would take enforcement action against him.

Justice was secured for our client, and he was very pleased with the handling and outcome of the case. 

If you too are seeking private prosecution solicitors and would like to discuss your case to find out how we can help, give us a call today on 0121 201 3765.