Have you been charged with Recklessness as to Whether Controlling Dangerous, Menacing or Restricted Breed Dog May Place Another Person in Danger of Death?
Although you may not be the owner of the dog in question, the offence allows the imposition of serious penalties in the case that you were reckless in your conduct towards taking care of the dog.
There are many questions to consider before entering a plea to this charge.
Were you the owner of the dog in question, or did you have charge of the dog? Did your recklessness mean that the dog was not under control, and put another person in danger of death? Did you have a lawful excuse for your behaviour?
You should consult a law firm that specialises in criminal law before proceeding any further with your matter.
Please read below for more information in relation to this charge.
The offence
Section 319C of the Crimes Act 1958.
The prosecution must prove:
For the offence under Section 319C(1):
The defendant is the owner of a dangerous dog, menacing dog or restricted breed dog;
Without lawful excuse, the owner recklessly engages in conduct so that the dog is not under control;
The conduct places or may place another person in danger of death.
For the offence under Section 319C(2):
The defendant is a person other than the owner of a dangerous dog, menacing dog or restricted breed dog;
The defendant is in charge of the dog;
The defendant is reckless as to whether the dog is a a dangerous dog, menacing dog or restricted breed dog;
Without lawful excuse, the defendant recklessly engages in conduct so that the dog is not under control;
The conduct places or may place another person in danger of death.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Recklessness as to Whether Controlling Dangerous, Menacing or Restricted Breed Dog May Place Another Person in Danger of Death can be heard in the Magistrates’ Court or the County Court.
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?
Consult an experienced criminal lawyer urgently. Make sure you don’t leave preparation until the last minute. Thorough preparation is critical to the success of any legal matter.
If you have been charged with Recklessness as to Whether Controlling Dangerous, Menacing or Restricted Breed Dog May Place Another Person in Danger of Death speak to one of our experienced lawyers today.
The legislation
Section 319C of the Crimes Act 1958: Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death
(1) An owner of a dangerous dog, menacing dog or restricted breed dog who, without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death, is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).
(2) A person (other than the owner of a dangerous dog, menacing dog or restricted breed dog) who—
(a) for the time being, is in charge or has care of the dog; and
(b) is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and
(c) without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).
