Dogs: Related Cases
| Case name |
Citation |
Summary |
|---|---|---|
| City of Armidale v Kiraly | [2009] WASC 199 |
The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed. |
| Robertson v Department of Primary Industries and Fisheries | [2010] QCA 147 |
An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out. |
| Dart v Singer | [2010] QCA 75 |
The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed. |
| Webb v. Avon | [2017] EWHC 3311 | This case addressed the power of the court to make a contingent destruction order under Section 4B of the Dangerous Dogs Act 1991 (as amended). These orders allow dangerous dogs to be released and kept under strict conditions. The court held that the 19991 Act is not clear as to the breadth of who these conditions apply to, but considered that dangerous dogs may only be released to their owners or other persons properly identified as being in charge. The case was remitted to the Crown Court for further determination. The court also addressed other aspects of the 1991 Act along with the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015. |