Have you been charged with Failure to Control Dangerous, Menacing or Restricted Breed Dog that Kills Person?
If so, you will need to engage an experienced criminal law firm to help you prepare your defence. There are a number of issues to consider if you have been charged with this offence.
Were you the owner of a dangerous, menacing or restricted breed dog who killed another person? Or did you have charge of such a dog? Did this happen because you failed to keep the dog under control? Were you aware the dog was capable of such behaviour?
As a defendant you can be subject to a serious custodial sentence even in the event that you are not the owner of the dog in question. Therefore, it is essential that you consult a specialist criminal lawyer before entering your plea before the Court.
Please read below for more information in relation to this charge.
The offence
Section 319B of the Crimes Act 1958.
The prosecution must prove:
For the offence under Section 319B(1):
The defendant was the owner of a dangerous dog, menacing dog or restricted breed dog;
The owner failed to keep the dog under control;
The dog kills another person;
A reasonable person would have realised that failure to keep the dog under control would expose the victim or any other person to an appreciable risk of death.
For the offence under Section 319B(2):
The defendant was not the owner of a dangerous dog, menacing dog or restricted dog breed;
The defendant has charge or care of the dog;
The defendant fails to keep the dog under control;
The defendant is reckless as to whether the dog is a dangerous dog, menacing dog or restricted dog breed;
The dog kills another person;
A reasonable person would have realised that failure to keep the dog under control would expose the victim or any other person to an appreciable risk of death.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Failure to Control Dangerous, Menacing or Restricted Breed Dog that Kills Person 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 immediately.
Preparation in relation to any matter is critical. Don’t delay preparing to the last minute.
If you have been charged with Failure to Control Dangerous, Menacing or Restricted Breed Dog that Kills a Person arrange to see one of our experienced lawyers today.
The legislation
Section 319B of the Crimes Act 1958: Failure to control dangerous, menacing or restricted breed dog that kills person
(1) If—
(a) an owner of a dangerous dog, menacing dog or restricted breed dog fails to keep the dog under control; and
(b) the dog kills another person (the victim); and
(c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—
the owner is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) If—
(a) a person (other than the owner of a dangerous dog, menacing dog or restricted breed dog)—
(i) is, for the time being, in charge or has care of the dog; and
(ii) fails to keep the dog under control; and
(iii) is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and
(b) the dog kills another person (the victim); and
(c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—
the first mentioned person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
