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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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I was out on my land with a friend who had his shotgun (licenced

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I was out on my land with a friend who had his shotgun (licenced to him) when my 2 dogs attacked my cow. I shot them both, they have a history of sheep worrying. Am I in trouble
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You could be.
Have they reported it?
Customer: replied 1 year ago.
a 3rd party reported this
Customer: replied 1 year ago.
a 3rd party reported this The police want to interview me.
Expert:  Remus2004 replied 1 year ago.
Ok. No way around that then.
Presuming the shot gun is lawful, that will not be a problem.
However, landowners never had an absolute right to shoot dogs. What they had and have is a defence to the charge of a criminal damage on the basis that it was a reasonable step to prevent damage to property.
In short, it might be. It might not. It depends what you mean by an 'attack'. Truth is that whatever you mean though, cows tend to be fairly capable of taking care of themselves. Obviously a much larger animal than a dog you might struggle show this was strictly a necessary step.
There are other offences under the Animal Welfare Act but actually it doesn't change a huge amount.
Whether you will be charged it another matter but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
the point of law seems to be was I within the law when I shot a gun on my land to stop further attack, using another persons gun
Expert:  Remus2004 replied 1 year ago.
That is not the point of law.
The issue is criminal damage.
Customer: replied 1 year ago.
to complicate matters, the person who reported me actually worked for me at the time. She then came into my house and without my consent basically kidnapped 2 dogs and took them back to their breeder (her friend) because she said mine wasn't a safe home
Customer: replied 1 year ago.
She has now offered to drop her complaint about the
shooting if I relinquish any claim to have the dogs returned
Expert:  Remus2004 replied 1 year ago.
The trouble with this is that the police may not let her do that. She is making an offer that isn't necessarily within her gift.
Customer: replied 1 year ago.
The police that came to my house seem to think I was outside the law to use someone else's shotgun on my land, even though he was with me ...... for whatever purpose ?
Expert:  Remus2004 replied 1 year ago.
That would make it more serious.
The issue then is whether that specific gun was licensed to you.
They will need to prove that though.
It will almost certainly all turn into a criminal damage.
Customer: replied 1 year ago.
I was using my friends gun .... I don't have a licence. I thought it was legally ok to use his gun when he was with me. he holds the licence
Expert:  Remus2004 replied 1 year ago.
OK.
Have you admitted that?
Customer: replied 1 year ago.
yes
Expert:  Remus2004 replied 1 year ago.
Sorry, you don't have a shotgun licence at all?
Customer: replied 1 year ago.
No, I was given to understand that if I was with the person who owned a licenced shotgun, I could fire it. we were actually out at the time looking to despatch the fox that had killed all my chickens
Expert:  Remus2004 replied 1 year ago.
as a non-certificate holder, you cannot borrow another person's gun, if he is not the occupier of the land you intend to shoot on.
Customer: replied 1 year ago.
so I have in fact acted unlawfully by using his gun ....... and we could both be potentially in trouble ?
Expert:  Remus2004 replied 1 year ago.
Yes and yes I'm afraid.
I wouldn't worry about the criminal damage in the light of this.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help.

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