Description
Appeal; Dangerous Dogs Act 1991; the owner of a staffordshire terrior dog was convicted of injuring the complainer when the dog became involved in a fight with the complainer's Scottie dog. For a period of about 8 minutes, the staffordshire terrior refused to respond to any commmand or enticement by the appeallant or by the complainer whilst biting the Scottie. The complainer attempted to put her hand between the two dogs and was bitten by the staffie. Appeal by stated case; sheriff; Appellant made submission of no case to answer on the basis that the appellant had no reasonable apprehension that her dog would injure any person as it had never biten another person before. Disputed, whether the period of 8 minutes was sufficient to establish a reasonable apprehension that the dog would injure someone; and whether the dog was out of control.