Causing Dog To Inflict Grievous Bodily Harm

Section 35A(1) of the Crimes Act 1900 (NSW) criminalises someone acting in a way that causes a dog to inflict grievous bodily harm on another. This offence carries a maximum penalty of 10 years imprisonment.

What is Causing dog to inflict grievous bodily harm?

The offence is contained in s 35A(1) of the Crimes Act 1900 and states:

A person who:

• Has control of a dog, and
• Does any act that causes the dog to inflict grievous bodily harm on another person, and
• Is reckless as to the injury that may be caused to a person by the act,

is guilty of an offence.

The Act defines grievous bodily harm as including any permanent or serious disfiguring of the person. In Haoui v R [2008] NSWCCA 209, the court found that grievous bodily harm requires that the injury be a really serious one but does not require the injury to be permanent or that the consequences of the injury are long lasting or life threatening. 

In Blackwell v R [2011] NSWCCA 93, it was held that a person is reckless to the infliction of grievous bodily harm if they foresaw the possibility of the infliction of grievous bodily harm as a result of their act and yet went on to commit the act. 

If the Prosecution are unable to prove grievous bodily harm was inflicted but can prove actual bodily harm was, a person can still be charged under the offence but will be subject to a maximum penalty of 5 years imprisonment. 

The following acts constitute Causing Dog to inflict Grievous Bodily Harm:

• Commanding your dog to tear off the arm of another person
• Unleashing your dog and encouraging it to chase another person and bite his face which causes deep facial lacerations requiring plastic surgery
• You whistle to your dog and on cue it bites another person’s leg and severs an artery 

What must be proven?

For a person to be found guilty of causing dog to inflict grievous bodily harm the prosecution must prove each of the following matters beyond a reasonable doubt:

• That they had control of a dog;
• That they did an act;
• That the act caused the dog to inflict harm on another person;
• That the harm amounted to grievous bodily harm (really serious injury); and
• That either the accused intended for the dog to inflict grievous bodily harm or were reckless as to what injury might be caused to the person.

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 Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Causing Dog to inflict Grievous Bodily Harm

The following defences may be available for a causing dog to inflict grievous bodily harm charge:

• Self-Defence
• Necessity 
• Duress

Common Questions about Causing Dog to inflict Grievous Bodily Harm

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely but will depend on the individual case. 

In NSW, a court can impose any of the following penalties for a causing dog to inflict grievous bodily harm charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for causing dog to inflict grievous bodily harm might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for a Causing dog to inflict Grievous Bodily Harm charge?

While a full-time custodial sentence is an available sentencing option for the court, the likelihood of this will depend on the particular circumstances of the case. For example, the seriousness of the injury suffered, lack of provocation, the vulnerability of the victim, whether the dog is known to be aggressive or a restricted breed and prior criminal history are all factors that increase the chances of a full-time custodial sentence being imposed. 

Can I be charged with this offence even if I wasn’t present when the dog attacked the other person?

Yes. Under the Act, omissions to do an act are sufficient. For example, if you leave a gate open, you knew the dog was aggressive and the dog escaped and then attacked another person, this could be considered reckless. 

What if the dog was protecting me or another person from an intruder?

Self-defence may be available. 

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