A pensioner has failed in a authorized bid to cease the destruction of his “dangerous” American bull canine after it attacked pets in two unprovoked assaults.
Pensioner James Murdoch, 66, was served with a canine management discover in January 2022 after his canine Storm assaulted a chocolate Labrador, locking her jaws spherical its head.
The retired skilled dog-walker was then charged by the police following one other attack exterior his home in Braco, Perthshire.
The assaults took place near a village college.
Murdoch stood trial on the assaults at Perth Sheriff Court the place he denied permitting his canine to be dangerously uncontrolled on February 14 2023, when she attacked an area resident’s German Shepherd Collie cross known as Peggy.
He was discovered responsible on this cost and an extra cost of failing to adjust to the canine management, by letting Storm out with out a muzzle or lead.
Sheriff Gordon Fleetwood fined Murdoch £400 and ordered him to pay £500 compensation to the canine’s proprietor.
He added: “I am of the view that with [the victim] having been caused injury, this becomes an aggravated offence and I have no discretion as to whether or not I order the destruction of the dog.”
Lawyers for Murdoch went to the Sheriff Appeal Court in Edinburgh to argue that Sheriff Fleetwood misinterpreted present laws on harmful dogs – the Dangerous Dogs Act 1991.
Defence advocate Colin Neilson argued that the circumstances of the assault have been such that Sheriff Fleetwood didn’t must impose a destruction order.
But in a judgement issued by the courtroom on Tuesday, Sheriff Principal Catherine Dowdalls KC threw out the bid to elevate the demise sentence on Storm.
Sheriff Principal Dowdalls, who sat with colleagues Sheriff Principal Gillian Wade KC and enchantment sheriff Fiona Tait, referred to the sufferer by her initials within the judgement.
She wrote: “Storm was dangerously uncontrolled when he attacked JS’s canine. JS was injured because of attempting to rescue her canine. “There was no want to point out direct damage to JS. That is nota requirement of part 3(1) of the 1991 Act.
“Storm’s behaviour was sufficiently related to JS’s accidents to determine that Storm was dangerously uncontrolled.
“But for Storm’s attack upon her canine, which she tried to rescue by pulling on the lead, JS wouldn’t have suffered damage.
“The sheriff was entitled to carry that Storm’s attack amounted to an aggravated offence when it comes to part 3(1) of the 1991 Act… and to convict of the aggravated offence.
“Having concluded that the offence was aggravated in terms of section 3(1) of the 1991 Act, the sheriff had no option but to make the order for destruction.”
Murdoch additionally appealed unsuccessfully in opposition to his conviction and sentence – a £400 high-quality, and a compensation cost to the lady of £500.
At proceedings final 12 months, the sufferer informed the courtroom she had been walking her canine Peggy previous Braco Primary when Storm bolted out of her Mid Lane home.
The environmental marketing consultant informed the courtroom: “The canine was on the opposite facet of the road.
“He barked at Peggy, ran throughout and bit her.
“Her complete head was inside its mouth. It clamped its jaws down on her.
“She was squealing in distress.”
The lady stated: “I couldn’t see my dog’s face because it was inside the other dog’s mouth.”
Asked what sort of canine had attacked Peggy, she stated: “I would compare it to an XL Bully type. It was a big dog, about 60 kilos.”
She stated her canine was attempting to free herself.
“But there wasn’t much she could do,” she stated.
The witness stated she ended up on the bottom as she tried to rescue Peggy. She was left with a bruised wrist, ripped leggings and with scratches to her leg.
When prosecutor Andrew Harding if she felt in danger, she replied: “A bit, yes. I felt that if it had let go, it would have then turned on me.”
She stated Murdoch got here out and helped pull Storm away, earlier than taking her inside and shutting the door.
Peggy was left with a bloodshot eye and a reduce to her head. The lady stated she felt “distressed and upset”.
“It was a horrible thing to go through,” she stated.
Murdoch accepted that he had failed to verify his door was closed when Storm ran throughout the street in direction of Peggy.
He informed the courtroom that Storm might have realized from one other canine how you can open the door by herself.
“I landed on top of the dog and my hands were on her snout, trying to open her mouth up,” Murdoch informed his trial.
“But I was hampered by boot heels kicking my hands.”
He insisted he would hold his canine on a lead and a muzzle to stop comparable incidents sooner or later.
Murdoch stated his canine had pinned down different dogs, however had by no means attacked individuals.
“I’ve never seen her so much as growl at another person,” he stated.
Murdoch, who lives alone, stated his canine was his sole companion and he had “missed her dreadfully” since she was taken away by police.
His lawyer David Holmes urged the courtroom to not destroy the canine.
“Mr Murdoch is a responsible dog owner with a history of owning dogs,” he stated.
“He let himself down on this occasion, but he has made real efforts to prevent this from happening again.”
The courtroom additionally heard that Murdoch was served with a canine management discover by Perth and Kinross Council following the primary attack in January 2022.
He was ordered to maintain Storm on an appropriate collar, a lead of not more than 1.5 metres and a muzzle.
A person informed the courtroom he was taking his chocolate lab Mia out for a walk when she was attacked by Storm.
He added “It locked its jaws over my dogs ear, cutting it.”
In the judgment issued on Tuesday, Sheriff Principal Dowdalls added: “The appeal is refused.”
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