A pet owner has been fined after his dog bit the trouser leg of a police officer who had come round to inspect a report the same animal had bit a neighbour.
Mitchell Bell was bitten by his neighbour Billy Brown’s dog, Lilly, as he returned to his home in Rochester.
But later when police went to speak with Brown about the matter, the dog acted aggressively to an officer and bit his trouser leg.
A court heard, Lilly, a Staffordshire bull terrier-type, was taken on by Brown after she was ill-treated and abused by her former owners.
However, she bit the neighbour on April 12 which left him bruised and with teeth indentation marks on his skin.
The matter was reported to police and Brown was later charged with being the owner of a dog dangerously out of control and causing an injury.
He admitted the offence when he appeared in court in June.
At the time, magistrates ordered a pre-sentencing report to be prepared on him before he was sentenced and he returned to Sevenoaks Magistrates’ Court on September 2, to hear his fate.
Sidumiso Moyo, prosecuting, said: “Mr Mitchell Bell was returning to his home at about 11.30am and approached the communal door and met the defendant Mr Brown and they had known each other for a while.
“He had two Staffie-type dogs with him and they had a brief conversation and he had both dogs on the leads and Max the dog approached the victim in a friendly manner and he stroked it.
“The other dog Lilly was not acting in a friendly manner and it then bit him on the hand and didn’t immediately release his hand.
“The bite had pierced through the sleeve of his coat material and left bruising and indents in his skin, the dog was scolded by the defendant and he left.”
The prosecutor added that Mr Bell had given a victim impact statement to say he was now apprehensive about dogs and that he was now scared of being bitten again.
It was said he used to be a dog lover before this incident but now when his children asked to have a pet dog he found it very upsetting that he had to say no to them.
According to his statement, he felt Lilly should have been under better control on the day she bit him.
District Judge Stephen Leake was also told Brown was of previous good character, but at first, that someone else’s previous convictions had been put on his file and as a result, he was told he could go to prison for the dangerous dog offence.
However, after he raised this with his solicitor, it was realised the previous convictions belonged to someone else of the same name.
Ms Moyo added: “He was visited by police at his home address and he told the officers Lilly had previously been badly treated and Lilly was aggressive to one officer and bit his trousers and Brown told the officer Lilly was suspicious of males.
“The dog should have been muzzled and Mr Brown has now given the dog away, it’s no longer with him.
“The dog was never seized by police and it has been moved on since this event.”
However, Ms Moyo also said a contingency banning order was requested by the crown so that the dog was always muzzled and on the lead when out in public.
Simon Pettican, mitigating, said his client had pleaded guilty at an early opportunity and had known Mr Bell for some 18 years and that they used to play for the same football team and still get on to this day.
He added: “The dog was moved on immediately as he didn’t want it to happen again and my client spent about four hours thinking he was going to prison for the offence as someone else’s pre-cons were put on his record, but it was a different person.
“It is still coming up as wrong (on the records) but he was ID’d and it is not him.”
…It was a momentary lapse of concentration and taking everything into account, it does need punishing
Judge Leake said: “Both dogs were on the leads and Mr Bell stroked Max and he was well behaved but Lilly bit him on the arm through clothing.
“It’s not the worst injury, but there were indentation marks and some bruising which was dark and painful and he is now scared (of dogs) and his children are desperate to have a dog, but he can’t be around them and it breaks his heart.
“You have no previous convictions and pleaded guilty at an early opportunity and you took steps yourself to find a new home for Lilly.
“A muzzle would have been good but you intervened immediately, but it was a momentary lapse of concentration and taking everything into account, it does need punishing and I can do that by way of a fine.”
Brown was fined £120 for the offence and was ordered to pay Mr Bell £200 compensation and a victim surcharge of £48,
Due to the mix-up with someone else’s convictions on his record, he wasn’t ordered to pay any court costs.
Judge Leake added: ”There was a problem with the pre-cons provided by police which caused you a degree of anxiety, it’s the police’s and CPS’s responsibility to get it right, so I am not awarding costs.”
No destruction or contingency banning order was made on Lilly as she was now with new owners and muzzled when she was walked on a lead.
