L v Crown Prosecution Service

L v Crown Prosecution Service

A person can remain 'in charge' of a dog under section 3(1) of the Dangerous Dogs Act even after a short and temporary transfer of physical control to another, provided they retain effective control and the ability to command the dog.

Parties
Claimant: L; Defendant: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Dangerous Dogs, Assault Occasioning Actual Bodily Harm, Interpretation of 'in Charge' Under Dangerous Dogs Act
Criminal Law Dangerous Dogs Assault Occasioning Actual Bodily Harm Interpretation of 'in Charge' Under Dangerous Dogs Act

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Parties

L

Claimant

The Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant could remain 'in charge' of a dog after transferring physical control to another person
  2. 2 Whether more than one person can be 'in charge' of a dog under section 3(1) of the Dangerous Dogs Act

Ratio Decidendi

A person can remain 'in charge' of a dog under section 3(1) of the Dangerous Dogs Act even after a short and temporary transfer of physical control to another, provided they retain effective control and the ability to command the dog.

Court Disposition

Appeal dismissed

Orders

  • Conviction for aggravated offence under section 3(1) and 3(4) of the Dangerous Dogs Act upheld
  • Conviction for assault occasioning actual bodily harm under section 47 of the Offences Against the Person Act 1861 upheld