When a dog injures someone

Here's a sample letter to send to your Local Area Commander of Police (in NSW)


We have some very effective laws in NSW to deal with savage dog attacks, such as has just occurred in the Blue Mountains (3 year old girl severely injured and possibly disfigured for life as well as emotionally traumatised). These must be used to punish neglectful and irresponsible owners.

We hear of too many dog attacks where the owners' disregard for other people's peace and safety is not brought home to them, for the safety of the community and those who live near them.

This recent dog attack, for example, would seem to fall under section 35A of the Crimes Act. On this basis the owner/controller of the dog/s is looking at 10 years in jail. I draw your attention particularly to subsection 4.

Very obviously, the adults present at the time did not do things to prevent the dogs inflicting grievous bodily harm on the poor girl. Of course, the dogs should be destroyed. But the adults in control of the dog/s must face the consequences of their dereliction of the duty imposed on them by the law.

For convenience here:

35A   Causing dog to inflict grievous bodily harm or actual bodily harm
(1) Cause dog to inflict grievous bodily harm A person who:
(a)  has control of a dog, and
(b)  does any act that causes the dog to inflict grievous bodily harm on another person, and
(c)  is reckless as to the injury that may be caused to a person by the act,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) Cause dog to inflict actual bodily harm A person who:
(a)  has control of a dog, and
(b)  does any act that causes the dog to inflict actual bodily harm on another person, and
(c)  is reckless as to the injury that may be caused to a person by the act,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(3) Alternative finding If, on the trial of a person for an offence under subsection (1), it appears that grievous bodily harm was not inflicted on the other person but that actual bodily harm was inflicted, the person may be found not guilty of the offence charged but guilty of an offence under subsection (2) and be liable to punishment accordingly.
(4) Doing an act includes omitting to do the act In this section, a reference to the doing of an act includes a reference to omitting to do the act.