Owner of dog given absolute discharge after it bit walker
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A sheriff has shown sympathy for the owner of a boxer dog that bit a woman out for a walk with her spaniel.
After hearing details of the incident, Sheriff Andrew Berry took the unusual step of granting Annette Gow an absolute discharge after hearing about extenuating circumstances.
The 62-year-old admitted last week at Wick Sheriff Court having been the owner of a dog that was out of control.
The incident occurred near the Newton Hill croft, on July 21 last year when Gow and her boxer, Blake, met Rona Bain with her spaniel puppy Ozzy.
Fiscal David Barclay said that the boxer appeared to get excited when he saw the puppy, which Ms Bain had lifted into her arms, and jumped up on her.
Gow was heard to say "I can't control him" and immediately apologised.
The fiscal said that Ms Bain sustained two puncture marks on her right wrist and was given a tetanus jag at the local hospital. Her injuries were described as 'minor'.
The local authority's dog warden issued Gow with a dog control notice with the instruction that the boxer must be on a lead, and wearing a muzzle when exercising off its lead.
Mr Barclay said: "The warden met the boxer and was of the opinion that he was very friendly and was more boisterous than aggressive and may have become excited at the time. The warden felt that the control notice was sufficient and did not feel that any further action by the court was necessary.
"Ms Bain did not consider that there was any need for the boxer to be put down and was satisfied with the notice issued."
Mr Barclay added that the police regarded Gow as a responsible person who had underestimated the strength of the boxer and had misjudged the situation.
Addressing the sheriff, Mr Barclay said: "It would appear that if you accept that the matters are well in hand in terms of the boxer's future behaviour, nothing further is required."
Sheriff Berry said he was satisfied that there was no malicious intent on the part of the boxer and added: "I think that the action taken ensures the protection of the public and, given the absence of previous convictions, I will grant her an absolute discharge."
The exceptional sentence which is rarely imposed, means that the offence will not be recorded as a previous conviction.
