A RELIEVED couple are glad to be able to take their dog home after a judge said it did not need to be put down.
Craig Davis, 30, and Jennifer Powell, 27, of Birch Avenue, Tolladine, Worcester, pleaded guilty to being in charge of a dog that was dangerously out of control after their American Akita Sven bit the arm of a neighbour’s five-year-old girl in July last year.
Worcester Crown Court heard how the girl walked through an unlocked gate and was met by a growling Sven who then bit her – causing bleeding and redness.
After the hearing, Davis said: “I’m just glad it’s all over to be honest.
“I don’t want to act like I’m over the moon that we’ve got him back because it’s not fair on everybody else.
“It’s been a long time and we’re just very relieved and happy that it is finally over.”
Judge Robert Juckes QC did not consider the injuries serious enough nor was the dog enough of a danger to the public to have it put down. He said no judge could ever be completely satisfied that any dog will ever be a danger to the public but was satisfied Sven – especially being a “big, hefty dog” – was safe.
“If this dog really wanted to seriously injure the little girl it could have,” he said.
Judge Juckes QC said the couple had demonstrated they were responsible owners and the attack was “very unfortunate.”
He said cases involving dangerous dogs usually came before the court because of irresponsible owners but Davis and Powell had demonstrated they had taken sensible steps before – including putting a muzzle on Sven when out walking – and had since proved they could look after him by building a suitable kennel and fencing.
“I do not debate that they will do everything to keep their dog safe,” he said.
Philip Vollans, prosecuting, said Sven bit the couple’s seven-year-old in January 2017 after the girl teased him, causing similar injuries.
Pamela Rose, defending, said Davis had accepted responsibility for the incident despite him not being in the house when it happened.
Sven had been examined by two animal behavioural specialists – Mike Barnett, for the defence, and Candy d’Sa for the prosecution.
Judge Juckes QC was convinced by Mr Barnett’s evidence that Sven was not a threat to the public but said Miss d’Sa’s examination was “not the most sensitive” due to a “clumsy” attempt to familiarise the dog with his lead and another attempt to muzzle the dog whilst outside.
Judge Juckes QC said Sven seemed “remarkably compliant” in a video filmed during Miss d’Sa’s examination. He said an attempt made by Miss d’Sa and a number of police officers to muzzle the dog was “unpleasant to watch”.
He said he had also factored the fact that Sven had been in kennels for more than 12 months into his decision.
Judge Juckes QC did give a contingent destruction order which means the dog must be kept under control and will most likely be destroyed if Davis and Powell do not control him properly.
The couple were fined £330 each and ordered to pay £1,000 towards kennel costs, £150 prosecution costs and a £33 victim surcharge.
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