How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

I was out on my land with a friend who had his shotgun (licenced

Resolved Question:

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, Barrister
Category: Property Law
Satisfied Customers: 70008
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions