Published 06 November 2023
Sentencing — dog control — destruction of a dog — pet control — exceptional circumstances — Dog Control Act 1996, s 57(2)— Auckland City Council v Hill [2020] NZCA 52 — Auckland City Council v Watts [2017] NZDC 639 — Sevi v Manukau City Council High Court Auckland CRI-2008-404-000166, 11 August 2008. This was the sentencing notes on the destruction of the defendant's dog. The dog had ran out of the property to chase the victim and bit the back of her leg. The attack was stopped by the defendant's children and they had apologised at the time of the incident. The dog was seized and impounded. The defendant filed for exceptional circumstances so that the Court did not have to order the destruction of the dog. The defendant submitted that she had already sold the property and was moving to a new address. She also submitted that she had to manage seven children with various health issues, and an order for the destruction of the dog would only cause more devastation to the family. The assessment was a two step approach. First, an order for the destruction of a dog was normally given following a conviction for a strict liability offence. Second, whether the circumstances of the offence were exceptional and did not warrant the destruction of the dog. The Court determined there was nothing exceptional on these facts, as the dog attacked the victim without provocation and it had previously displayed aggression. The Court ordered a $500 fine for the defendant, $650 for emotional harm reparation and $130 for court costs. An order for the destruction of the dog was made, as exceptional circumstances were not made out. Judgment Date: 18 July 2022.
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