Ryde City Council v Pedras [2009] NSWCCA 248

Ryde City Council v Pedras [2009] NSWCCA 248

A person not present at the time of the offence cannot be considered 'in charge of the dog at that time' for the purpose of s 13(2)(b) of the Companion Animals Act 1998; awards of costs for personal time are not permitted as valid legal costs under established principles.

Jurisdiction
Australia
Judgment Date
28 September 2009
Procedural Posture
Criminal Appeal / Determination of Stated Case by NSW Court of Criminal Appeal
Outcome
Orders of the District Court dismissing the charge and awarding costs to the defendant set aside; matter remitted to the District Court for disposal according to law; applications to strike out and add question dismissed.
Legal Topics
['companion Animals Act 1998' 'offences Relating to Control of Dogs' 'interpretation of S 13(2)' 'stated Case Procedure' 'costs in Criminal Appeals']
['criminal Law'] ['companion Animals Act 1998' 'offences Relating to Control of Dogs' 'interpretation of S 13(2)' 'stated Case Procedure' 'costs in Criminal Appeals']

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Procedural Posture

Criminal Appeal / Determination of Stated Case by NSW Court of Criminal Appeal

Legal Issues

  1. 1 ["Construction of s 13(2)(b) Companion Animals Act 1998—what constitutes 'in charge of the dog at that time'" "Whether costs for defendant's personal time can be awarded in criminal appeals"]

Ratio Decidendi

A person not present at the time of the offence cannot be considered 'in charge of the dog at that time' for the purpose of s 13(2)(b) of the Companion Animals Act 1998; awards of costs for personal time are not permitted as valid legal costs under established principles.

Court Disposition

Orders of the District Court dismissing the charge and awarding costs to the defendant set aside; matter remitted to the District Court for disposal according to law; applications to strike out and add question dismissed.

Orders

  • ['Dismiss the applications to strike out and to add a question to the stated case.' 'Answer the questions in the stated case as follows: (1) On the understanding as set out, yes; (2) Not answered; (3) Yes.' 'Set aside the orders dismissing the charge and awarding costs to the defendant.' 'Remit the matter to the...