Flack, R. v

Flack, R. v

The Recorder failed to consider a suspended destruction order with conditions; evidence showed Star was not inherently aggressive and appellant was a competent owner. The destruction order was set aside and replaced with a suspended destruction order subject to conditions.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Michael James Flack
Jurisdiction
England and Wales
Judgment Date
25 January 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Dangerous Dogs, Destruction Orders, Public Safety
Criminal Law Dangerous Dogs Destruction Orders Public Safety

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Michael James Flack

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether Star constituted a danger to public safety under section 4(1A)(a) of the Dangerous Dogs Act 1991
  2. 2 Whether a suspended destruction order with conditions should have been imposed instead of immediate destruction

Ratio Decidendi

The Recorder failed to consider a suspended destruction order with conditions; evidence showed Star was not inherently aggressive and appellant was a competent owner. The destruction order was set aside and replaced with a suspended destruction order subject to conditions.

Court Disposition

appeal allowed

Orders

  • Destruction order for Star set aside.
  • Suspended destruction order imposed: Star to be muzzled in public places at all times, wear a special collar, and be kept on a lead at all times in public.