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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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On bank holiday Monday morning (29th august ) I was

Resolved Question:

Good morning
On bank holiday Monday morning (29th august ) I was exercising my pet dog (a lurcher) on my local nature trail....when suddenly a cat appeared in front of her and she took off after it....I ran down the trail following and calling her back but she was on the cat in seconds and shook it dead. Other dog walkers on the trail were asking what on earth the cat was doing there when it is a popular walking trail for dog owners.....the cat had come from a nearby house beyond the trail and was probably looking for rhodents etc...the cat owner was notified and came down screaming and shouting and making all kinds of threats against me and my dog.....she called half a dozen family members who arrived within minutes and were making threats and shouting and pushing me....another dog owner called the police who arrived quickly and calmed the situation down....they took a statement off me and assessed my dog who was at this time just sitting quietly by my side not knowing what she'd done wrong....the police told me to go home and they would deal with the commotion....I haven't heard anything yet and I want to know where the law stands on this??? The cat was on a public trail where many dogs are exercised....The cat was probably there hunting small mammals.....the cat won't face charges for doing that.....will charges be brought against my dog??
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Yes, it is possible that they could

How close were others to your dog at the time of this?

Customer: replied 6 months ago.
The other dogs were slower than mine in chasing the cat and mine reached the cat first....the other owners then called their dogs back....so my dog was about 50 feet away from me at this time and none of us actually saw her kill the cat as the trail bends round the woods....when we caught up with her the cat was dead on the floor and my dog was beside it
Expert:  Jo C. replied 6 months ago.

OK. So nobody was close to your dog at the time of this?

Customer: replied 6 months ago.
no
Expert:  Jo C. replied 6 months ago.

Have there been other incidents with your dog?

Customer: replied 6 months ago.
No none.....this was the first time I've seen her react like that......it was the owner of a ***** ***** terrier that said my dog must have shook it dead as he said that that is what his dog does....my dog is very placid around all other dogs and people....she doesn't even bark....
Expert:  Jo C. replied 6 months ago.

It is quite unlikely they would prosecute.

They can't use the Dangerous Dogs Act 1991 because this is not aggression towards a person and nobody was close the incident so there could be no reasonable apprehension of injury.

They could drop down upon the Dogs Act 1871 which does include attacks upon other animals although there is caselaw that says that one incident is not enough unless it is exceptional. The problem with words like 'exceptional' is that it is always possible for a court to find a way of bringing the facts within it though. That is a civil matter though anyway.

On a first incident they would normally just suggest an ABC contract with a requirement of muzzling though.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you. That is all clear.

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