L v Crown Prosecution Service [2010] EWHC 341 (Admin) (10 February 2010)

L v Crown Prosecution Service [2010] EWHC 341 (Admin) (10 February 2010)

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

Source-derived case information.

Citation
[2010] EWHC 341 (Admin)
Parties
Claimant: L; Defendant: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Dangerous Dogs Act, Assault Occasioning Actual Bodily Harm, Interpretation of 'in Charge', Joint Responsibility
Criminal Law Dangerous Dogs Act Assault Occasioning Actual Bodily Harm Interpretation of 'in Charge' Joint Responsibility

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

L

Claimant

The Crown Prosecution Service

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant could remain 'in charge' of a dog after transferring physical control to another person
  2. 2 Whether two persons can be 'in charge' of a dog simultaneously 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 temporary transfer of physical control, provided they retain effective control and the ability to command the dog. Two persons can be in charge simultaneously.

Court Disposition

Appeal dismissed

Orders

  • Conviction for aggravated offence under Dangerous Dogs Act and assault occasioning actual bodily harm stands