Baballa, R v

Baballa, R v

Before ordering immediate destruction of the dogs, the judge should have considered whether the imposition of conditions via a contingent destruction order would suffice to ensure public safety. The evidence indicated the dogs would not be dangerous if properly restrained, and there was no history of aggression beyond the incident in question. Therefore, contingent destruction orders should be made instead of immediate destruction.

Parties
Prosecution: Regina; Appellant: Moses Baballa
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence (destruction Order)
Outcome
appeal allowed in part
Legal Topics
Dangerous Dogs, Destruction Orders, Exemption Certificates, Public Safety
Criminal Law Animal Law Dangerous Dogs Destruction Orders Exemption Certificates Public Safety

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Parties

Regina

Prosecution

Moses Baballa

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (destruction Order)

Legal Issues

  1. 1 Whether the destruction orders for three pit bull terriers under section 1(3) of the Dangerous Dogs Act 1991 were appropriate
  2. 2 Whether the court should have considered a contingent destruction order under section 4A(1) of the 1991 Act

Ratio Decidendi

Before ordering immediate destruction of the dogs, the judge should have considered whether the imposition of conditions via a contingent destruction order would suffice to ensure public safety. The evidence indicated the dogs would not be dangerous if properly restrained, and there was no history of aggression beyond the incident in question. Therefore, contingent destruction orders should be made instead of immediate destruction.

Court Disposition

appeal allowed in part

Orders

  • Orders for destruction of the three dogs set aside
  • Substituted with contingent destruction orders under section 4A(1) of the Dangerous Dogs Act 1991: unless each dog is exempted from the prohibition under section 1 within 2 months, it shall be destroyed