54Defences

54 Defences (1) It is a defence to a prosecution for an offence against by-law 51 or 52 if: (a) another person had, without the defendant's permission, caused the dog to menace or attack the person or another animal; or (b) in the case of another animal being menaced or attacked – the other animal was on premises owned or occupied by the defendant without consent; or (c) in the case of a person being menaced or attacked – the person was on premises owned or occupied by the defendant without consent. (2) If a court finds a person guilty of an offence against by-law 51 or 52, the court may make one or both of the following orders in addition to, or instead of, the penalty for the offence: (a) if the dog is impounded as a result of the offence – an order that the person pay the costs and expenses of, and incidental to, the impounding; (b) an order that the dog be destroyed.