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Court's Appeal, Criminal Division, January 10, 2009 - Regina Sharp cons

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  1. The statute
  2. ''Dangerously out of control''
  3. ''Public place''
  4. ''Allows it to enter'' a private place
  5. ''Person being in charge of the dog''

On 20 September 2009, in a private car park, Letty's guide dog Jerry bit Michael. Having watched the scene, Mrs. Brown pelted the dog with stones which in turn attacked her. Ben then chased the dog with the aim of attaching it by its lead but the dog ran into a private building and bit him when he reached down to attach the dog. Finally, the dog came back to Letty. The dog was killed and Letty Sharp was fined £150. The appellant was convicted under Sections 3(1) and (3) of the Dangerous Dogs Act 1991 of the aggravated offence of letting a dog get dangerously out of control in a public place. The question in this appeal is whether the facts fall within the scope of Sections 3(1) and (3) of the Dangerous Dogs Act 1991. Four issues need to be raised, was the dog 'dangerously out of control' as required by section 3(1)? Can a car park be considered as a 'public place'? Does the word 'allows' within the sentence 'if the owner or, if different, the person for the time being in charge of a dog allows it to enter a place which is not a public place but where it is not permitted to be' as set forth in Section 3(1) refer to a positive action? Does the act of taking the lead in order to catch the dog change the fact of who is in charge of the dog?

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