Have you been charged with the offence of Dogs Found at Large?
You will need to consider a number of issues prior to coming before a court. Can the prosecution make out all the elements of the offence? Was your dog found outside your dwelling? Was it because the dog was not securely confined? What time of the day or night was the dog found?
The applicable penalty is dependent on whether the dog is found before or after sunset. Please read below for more information in relation to this charge.
The offence
Section 24 of the Domestic Animals Act 1994.
The prosecution must prove:
For the offence under Section 24(1):
- The defendant was the owner of a dog;
- The dog was found at large outside the premises of the owner or not securely confined to the owner’s premises;
- The dog was not confined between sunrise and sunset.
For the offence under Section 24(2):
- The defendant was the owner of a dog;
- The dog was found at large outside the premises of the owner or not securely confined to the owner’s premises;
- The dog was not confined between sunset and sunrise.
The maximum penalty
10 penalty units.
Where will my case be heard?
Dogs Found at Large cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer as soon as possible. A delay in engaging a lawyer can mean an inadequately prepared defence. If you have been charged with Dogs Found at Large make an appointment to see one of our experienced lawyers today.
The legislation
Section 24 of the Domestic Animals Act: Dogs found at large
(1) If a dog is found at large outside the premises of the owner or not securely confined to the owner’s premises, between sunrise and sunset, the owner is guilty of an offence and liable to a penalty of not more than 6 penalty units.
(2) If a dog is found at large outside the premises of the owner or not securely confined to the owner’s premises between sunset and sunrise, the owner is guilty of an offence and liable to a penalty of not more than 10 penalty units.
