[United Kingdom] Man’s pit bull terriers give judge ‘sentencing dilemma’

[PitBullHappenings]

Man’s pit bull terriers give judge ‘sentencing dilemma’

Last updated at 13:21, Tuesday, 17 May 2011

A MAN has been fined £1,650 for possessing pit bull terriers banned by the Dangerous Dogs Act.

Preston Crown Court heard that since Kieron Daly’s two dogs were seized in January this year, they had been cared for by police at a cost of £2,420.

The court was told that the Barrow man was in breach of a suspended prison sentence at the time of the offences.

The 20-year-old pleaded guilty to two offences of being in possession of dogs prohibited by the Dangerous Dogs Act and a third charge of police obstruction.

Miss Michelle Brown, prosecuting, told the court police officers near High Street and Dalton Road saw Daly with two dogs on leads on the evening of January 30, and he was told they would have to be seized.

Miss Brown said Daly became verbally abusive, swore at the police and ran off.

He told police: “You are not going to take my dogs.”.

The barrister said the dogs were seized and taken to approved kennels and examined by a trained dog legislation officer.

The officer found the two female dogs, Kilo and Kadee, had the characteristics of pit bull terriers and were not neutered or micro-chipped.

Daly admitted he had paid £500 for one dog and £300 for the other from an unknown breeder in Manchester.

Miss Brown said there was no evidence the dogs had been used for fighting or had been involved in any incident.

Mr Michael Murray, defending, said there was no allegation the dogs had harmed anyone or showed any signs of harming anyone.

He said Daly did not know the dogs were to be of a type prohibited by law.

The barrister said Daly’s life had changed since he got the dogs and they had a calming effect on him.

Mr Murray added: “He is committed to his dogs.”

Mr Justice Timothy Holroyde told Daly he had a “sentencing dilemma”.

He said there was no evidence that the dogs had shown any history of aggressive behaviour. They were friendly and well behaved and had not attacked anyone or shown signs of attacking anyone.

But considering the defendant’s character, he said: “The way you have behaved in the past casts real doubt on whether the court can rely on you controlling these dogs in the future.”

He said the fate of the dogs would be in Daly’s hands if he failed to control them.

Daly, of Exmouth Street, was fined £150 and was also ordered to pay £1,500 towards the kennel costs, making a total fine of £1,650.

His existing 30-week prison sentence, suspended for 12 months, was made more serious by increasing the suspension to 18 months.

Mr Justice Holroyde made a Contingent Destruction Order in relation to the dogs.

This is a requirement that unless the dogs are kept under proper control, they shall be destroyed.

Each dog would have to have a muzzle, be on a lead at all times and the person in charge of them must be over 16 and they must be kept in a secure place and the owner must notify the authorities of any change of address.

The dogs would also have to be registered, insured, and micro-chipped, as well as registered on an index of exempted dogs, before they could be released to Daly, the court was told.

The judge added: “I am taking something of a risk, I very much hope you are not going to let the court down.”

First published at 13:03, Tuesday, 17 May 2011
Published by http://www.nwemail.co.uk

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