Attacking, Harassing and Menacing Dogs

In the ACT, it is a criminal offence if a person allows their dog to attack or harass another person or animal. The maximum penalty for this offence is an $8,000 fine. 

If the dog attack results in serious injury to the person, or animal, who was attacked, the maximum penalty increases to a $16,000 fine, 1 year imprisonment, or both. 

What is an Offence of Attacking, Harassing and Menacing Dogs?

Under the Domestic Animals Act 2000 (ACT) it is an offence for an owner, or carer, of a dog to do or omit to do something that results in their dog attacking or harassing another person or animal. 

The following acts constitute an offence of Harassing: 

• Your dog is off-lead and runs up to a person across the road and starts aggressively barking at them and the person fears they are going to be attacked 
• Your dog is in the dog-park and starts chasing another dog and corners in them and starts barking aggressively 

The following acts constitute an offence of Attacking: 

• Your dog is off-lead and chases a person walking past and bites them on the leg resulting in the person requiring stitches
• Your dog chases another dog at the dog park and bites them requiring the dog to go to the vet for treatment 

What Must Be Proven?

For a person to be found guilty of an offence or attacking or harassing another person or animal the prosecution must prove each of the following matters beyond a reasonable doubt:

1. You were the owner or carer of a dog;
2. You do, or fail to do, something; 
3. That failure or act results in your dog attacking or harassing another person or animal; and 

For the more serious offence:

1. The attack causes serious injury to the person or animal; and 
2. You intend the attack to cause, or are reckless or negligent about the attack causing, serious injury.

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a summary matter, which means that it will be dealt with in the Magistrates Court.

Possible defences to an offence a dog attack or harassing a person or animal

The following defences may be available for a dog attack or harasses a person or animal charge:

• You took all reasonable measures to ensure the responsible management, care and control of your dog. For example: having secure premises, providing adequate training for the dog;
• The person or animal who was injured provoked your dog; or 
• The person or animal was attacked or harassed because the dog came to the aid of a person or animal the dog could be expected to protected; or
• The attack or harassment occurred at your home, where the dog lived, and the person or animal who was harassed or attacked was at your house without lawful excuse. 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely. 

In the ACT, a court can impose any of the following penalties for a dog attack charge, if the dog attack results in serious injury:

• Gaol sentence;
• Intensive Corrections Order (ICO);
• Suspended Sentence Order; 
• Good Behaviour Order;
• Fine; 
• Non-conviction with Good Behaviour Order; or 
• Non-conviction dismissal. 

The consequences of a conviction can be serious depending upon what you do for a living. 

Will I go to Gaol?

If you are found guilty of the more serious offence, it carries a maximum penalty of 1 years imprisonment and you may be sentenced to a term of full-time imprisonment. It depends on a range of factors, including the nature and circumstances of the offence, the objective seriousness of the offence, whether the offence was aggravated, your subjective circumstances, including your criminal history, among other things. 

What happens to my dog if I am found guilty of this offence?

If you are found guilty or convicted of this offence, the court can order that your dog be destroyed, or declare your dog to be dangerous. A dangerous dog declaration means that you can be liable to more serious penalties if your dog attacks a person or animal again. It also means that the likelihood that your dog will be destroyed is also increased. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.