319BFailure to control dangerous, menacing or restricted breed dog that kills person

319B Failure to control dangerous, menacing or restricted breed dog that kills person

(a) an owner of a dangerous dog, menacing dog or restricted breed dog fails to keep the dog under control; and

(b) the dog kills another person (the victim); and

(c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—

the owner is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) If—

(a) a person (other than the owner of a dangerous dog, menacing dog or restricted breed dog)—

(i) is, for the time being, in charge or has care of the dog; and

(ii) fails to keep the dog under control; and

(iii) is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and

(b) the dog kills another person (the victim); and

(c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—

the first mentioned person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

S. 319C inserted by No. 55/2011 s. 3.

319C Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death

S. 319C(1) amended by No. 8/2014 s. 34(1).

(1) An owner of a dangerous dog, menacing dog or restricted breed dog who, without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death, is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

S. 319C(2) amended by No. 8/2014 s. 34(2).

(2) A person (other than the owner of a dangerous dog, menacing dog or restricted breed dog) who—

(a) for the time being, is in charge or has care of the dog; and

(b) is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and

(c) without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death—

is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

Pt 1 Div. 9AA Subdiv. 2 (Heading and ss 319D–319L) inserted by No. 8/2014 s. 35.