If you are the only person the dog has bitten then getting it declared as dangerous wouldnt happen, dont know if you read my post earlier where I put section 16 of the companion animals act but council rangers often over react then lose when it goes to a magistrate on appeal. As you were going down the side driveway to the rear of the fellows house you lose a lot of your protection under the act remember the dog can reasonably protect its home or owner and thats not what we think is reasonable but what is reasonable for the dog he didnt have any emails or phone calls from you so you were a stranger on his property but the owner still should have restrained it if he knew you were coming overas with many here i would look at the owner not so much the dog it was only doing his job
i own a fully grown male bullmastiff, there are signs on the gate, the car and people still want to try to pat him,
there is always the fool that will put their head up close to the car window when he is barking at them and make that stupid noise like talking too a baby, when he lunges at them they are shocked, they just dont get it, dogs bark to warn people off, the same people own "puntable" dogs with those extendable leads that show the dog no disipline whatsoever,
idiots like that deserve to be bitten.
So that you don't get bit in the first place.
Watch out for these types of dog owners, as they do exhibit the certain characteristics of being non-caring, power freaks.
Don't antagonize the owner either, as you may get a biff on the nose as well as being bitten by their dog.
Cheers Arthur
this thread is going well...![]()
Did read your post.
Just to clarify, I was walking along the driveway towards the front door in a direct path to the front door. As the Ranger said, the owner has to provide safe direct access from the front gate to the front door.
The process with the Ranger was interesting. It seemed that certain factors ticked his boxes: That I was expected, that there was no do not enter style sign on the door, no provision of safe access to the front door, suddenness of the attack and lack of warning from the dog, lack of concern or contrition on the part of the owner.
I've got no particular concern or interest in what the outcome is, but it does make for an interesting thread.![]()
Feel your pain about being bitten and consequences for scaring your son if he had witnessed thee vent or been the victim of the attack.
However l do believe every dog regardless of size or breed is capable of inflicting serious bites and there has been cases of even silky terriers killing small children in the past.
I don't make any assumption about the behaviour of a dog and worse still l don't make any assumption about the owner of the dog being able to keep it under control or having trained it to respond to basic obedience commands.
I love dogs and have owned boxers and standard poodle but doesn't want to make me risk entering property with dog inside
Rules for kids growing up in the bush:
1. All snakes are venomous
2. All guns are loaded
3. ALL dogs bite
However l do believe every dog regardless of size or breed is capable of inflicting serious bites and there has been cases of even silky terriers killing small children in the past.
The test of "reasonable" is not placed on the dog...don't be so silly !
Reasonable is what "The Reasonable Person" would do/say. The reasonable person is a member of the community with realistic expectations.
The defence of "Reasonable Protect" under Sect 16 of CAA is in no way applicable in this matter. To use this defence you would have to prove that that there was a threat to the home or owner, real or perceived.
Lawfully entering private property for the purpose of approaching the front door IS Not A Threat !!!
Proving an offence under S16 of the CAA, would not be difficult in this case at all.
Despite this offence, a Dangerous Dog Declaration would be over the top, provided it is the first offence against the dog.
Actually what the act is interpreted as is, would it be reasonable for the dog to think it was protecting its owner or property and that then is decided by a person. One other thing is if there is a fence or closed gates you dont always have free and unfettered access to the front door even for summons and court orders the number of times I got stuck at gates with an intercom and couldnt get the gates open used to send me crazyand it was legal for them to deny me access
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