Dangerous Dog - Brutal Attack on Queensthorpe Road

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gabrielleboyle
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Joined: 1 Nov 2014 01:16
Location: SE26 4PJ

Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by gabrielleboyle »

Please beware! My cat was brutally killed by a Staffordshire Bull Terrier right outside my house on Queensthorpe Road on wednesday evening at around 7pm. The dog grabbed and shook the cat to death and the owner was unable to stop the attack. He was walking his two Staffs, one larger white dog (staff cross) and smaller one brown (staff), neither was on a lead. The white larger dog was the one who attacked the smaller dog seemed less aggressive. The owner told me that the dog had attacked cats before and that he was going to have the dog put down. It was an extremely brutal attack and it took a long time for my cat to die slowly and painfully in the jaws of this dog. I am absolutely devastated, the cat was only 2 years old and was very placid, gentle and sweet natured, Several of my neighbours witnessed the attack, and have described what happened as "shocking" and "horrific". If this dog had been on a lead or wearing a restraint this vicious attack would not have happened, my cat would still be alive and my 5 year old daughter would not be deeply traumatised. There are lots of cats and small children in this area and I would hate this to happen to anyone elses cat, dog or even worse a child. Please beware, my neighbours tell me they see this man (white, mid 30's, shaved head, scars on face, large swollen looking lower lip) walking his dogs in Mayow Park.

carlamarie35
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Joined: 26 Jan 2014 07:04
Location: sydenham

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by carlamarie35 »

I am so, so sorry to hear this has happened, how absolutely horrific. My heart goes out to you and your family. We live in the Thorpes too with our two cats and it is awful to imagine something so savage happening here. Thinking of you.

carlamarie35
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Joined: 26 Jan 2014 07:04
Location: sydenham

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by carlamarie35 »

Also, have you reported to the RSPCA as maybe they can help try to track the dog's owner down?

Eagle
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Location: F Hill

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by Eagle »

My sympathy as well.


As well as RSPCA surely dangerous doggies are an Police matter. Do we not have a dangerous dogs act.

Dogs should be on leads at all times out of the home.

Annie.
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Joined: 11 May 2012 17:48

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by Annie. »

And muzzled.

Maria
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Joined: 3 Nov 2010 14:34
Location: Sydenham

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by Maria »

I can't imagine what you are going through and I can't bear to think of your daughter.

I live just around the corner but that is beside the point - that guy must be stopped from walking in public places with unrestricted dogs for everybody's sake. As you say, if it happened to a gentle young cat it could happen to any other similar ones or even very young children. I am not sure I believe he will have the dog put down and I am not confident that the smaller one will not just copy its behaviour sooner or later; a real danger.
Please do inform the police - and if you can't identify who the man is I have several neighbours who walk their dogs in the park and can try and find out. Just pm me if so.

bensonby
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Joined: 18 Jun 2008 12:28
Location: Kent

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by bensonby »

Unfortunately a dog killing a cat is not a "Dangerous Dog" within the meaning of the Dangerous Dogs Act 1991. As a cat owner and lover myself I find it extremely distasteful.

You, or the police , can make an application to a magistrates court under the Dogs Act 1871 to have the dog destroyed if it can be identified and it's appropriate. If you report it to the police be sure to mention this avenue as not all officers know this power...

marymck
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Location: Upper Kirkdale

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by marymck »

A dog needs to know who is boss. If the person in charge of the dog is too weak willed to control it, which appears to have been the case here, the following may apply ...

 
Section 3- DDA 1991 
Dangerously out of control 
Section 3 of the Dangerous Dogs Act 1991 makes it an offence for any dog to be dangerously out of control in a public place. The offence is deemed to have been committed by the owner of the dog and by whoever is in charge of the dog at the time of the offence.

High Court Ruling - a significant ruling in relation to section 3 of the DDA 1991 was made in December 2013.
This means that if you, as owner, allow another person to be in charge of your dog and an incident occurs, you can be liable. If you, as owner, leave the dog with someone you have good reason to believe is a fit and proper person to be in charge of your dog and you can prove this, then you may have a defence. If a child under 16 owns the dog, or if you leave a dog with a child under 16 then the law deems the head of that child’s household to be responsible. This is most often the parent of that child. If, while dangerously out of control, your dog injures a person, a much greater offence has been committed.
 
Section 3 - Not Breed Specific 
Section 3 is not breed specific. This means it applies to ALL dogs regardless of their breed or cross breed. Young, old, pedigree or mongrel any dog and owner can be charged under this section. This confuses many people who, wrongly, believe the DDA is all about Pit Bull Types. It is not. If you own a dog, this section applies to you too. 
Dangerously out of Control definition 
Dangerously out of control has been defined in law, as “Any occasion on which there are grounds for reasonable apprehension it will injure any person" This short sentence is actually very clear with whom the law offers protection too. The DDA does not cover dog on animal attacks. The mention of “reasonable apprehension” means that a dog may be deemed to be dangerous even if it does not actually injure someone. If a person reasonably believes the dog could injure them, then there could be grounds for charges. This is why you may read in the media of a dog on dog attack where a charge has been brought yet another case where no charge is brought. It all comes down to whether or not there are grounds for “reasonable apprehension” of injury.  
Public Place 
Section three of the DDA does not apply to private property where the dog has a right to be, for example, the dogs own home. It does, however, cover any premises deemed to be a public place. For the purposes of this act, a Public Place is defined as "Any street, road, or other place (whether or not enclosed) to which the public have or are permitted to have access whether for payment or otherwise and includes the common parts of a building containing two or more separate dwellings". In shared buildings, the stairway and lifts for example are deemed to be a public place. 
In later court cases the inside of a car has been deemed a public place, while your garden path that a postal worker may have access to, is not a public place (unless shared with other buildings).

Public Place also covers private property where the dog has no right to be. For example, if your dog runs off into someone else's property. Your dog has no right to be there and if during his time there, he injures or makes someone fear he will injure them, you and whoever is in charge of the dog at the time, are liable. If your dog enters a private place where he has no right to be, it may be a defence for the owner, if he can show he left the dog with someone he believed to be a fit and proper person.  
Penalties 
If found guilty of an offence under Section 3 then the following penalties apply. There is a presumption towards destruction for a dog found guilty of an offence under Section Three unless the owner can satisfy the judge that he has taken adequate steps to ensure the incident does not happen again. Please note, if your dog has injured a person it is a much more serious offence and has greater penalties as shown further on. 
Dangerously out of control without causing injury to a person: 
A fine of up to £5000.
A prison term not exceeding 6 months.
 
An order to do any of the following:  
Muzzle the dog at all times in a public place.
Keep the dog on lead at all times in a public place.
Neuter the dog if not already done so.
A Destruction Order placed on the dog.
Disqualification of owning an animal for such period as the court deem fit.
 
Dangerously out of control and causing injury to a person: 
On Summary conviction (A hearing before a judge, not a jury)

Basically as before, but with a longer maximum sentence.

[Edited to highlight what I believe is the telling phrase. And to add that, judging by what the OP said, it appears that this dog was dangerously out of control. Whether there was a victim (feline or otherwise) is irrelevant if the dog was perceived to be dangerously out of control and people were in genuine fear.]
 
Last edited by marymck on 2 Nov 2014 12:52, edited 2 times in total.

jonekt
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Location: Sydenham

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by jonekt »

This story terrifies me. I hope the police have been informed.

SepticSkeptic
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Location: SE26

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by SepticSkeptic »

I wish cats were on leads too.

bensonby
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Location: Kent

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by bensonby »

Mary, "dangerously out of control" within the meaning of the Dangerous Dogs Act means posing a danger to people: either injuring them (the aggravated version of the offence) or putting people in fear of danger. If the aggression was purely towards the cat then the offence is not made out.

To quote from your post:

"The DDA does not cover dog on animal attacks"

Tim Lund
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Location: Silverdale

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by Tim Lund »

Hi gabrielleboyle - welcome to the Forum, but I'm sorry it's in such awful circumstances. I worry about cars running over my cat, but now you've given me something else to worry about.

If you've not reported the incident to the police, you should definitely call them on the non emergency 101 number.

Also, I'm sending you a PM - post here again if you're not sure how to pick them up.

Eagle
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Joined: 7 Oct 2004 06:36
Location: F Hill

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by Eagle »

Bensonby

This gentleman seems a menace to society together with his unfortunate canine.

I am a dog lover normally , but well trained and well looked after doggies.


Surely this Gentleman must have broken some rule. How about dogs on leads.

Whilst I do symphasise for the cat's owners and all cat lovers, however they often to not seem to complain when their pussy massacre the local bird population.

14BradfordRoad
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Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by 14BradfordRoad »

A very distressing account, it sounds absolutely horrific! I hope your daughter soon forgets this sad event.
Would only be right and fair to report this to local Police, hopefully as you say, it could stop a further attack.

My sympathy to Gabrielleboyle and family.

bensonby
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Joined: 18 Jun 2008 12:28
Location: Kent

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by bensonby »

Eagle, on the facts stated it would seem that the only legal mechanism to address this incident would be a complaint to a magistrate under the Dogs Act 1871 which empowers magistrates to issue an order for the destruction of the Dog.

Tim Lund
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Location: Silverdale

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by Tim Lund »

Living in Perry Vale , I contacted our dedicated ward PC about this case
Richard Bailey PC wrote:In November 2009, Lewisham Council adopted a borough wide Dog Control Order which introduced new powers for local authorities to counter irresponsible dog owners. This legislation provides local authorities power to issue fines up to £1000.

One of the listed offences is, 'Not keeping a dog on a lead in designated areas'. This includes ALL public footpaths and highways within the London Borough of Lewisham.

For more information please visit www.lewisham.gov.uk/dogs

If the cat owner would like to discuss this matter with us, please feel free to pass on my telephone number. She can also contact PC Shaun Rodway who is the Dedicated Ward PC for Sydenham on 020 8649 3598.
That sounds like good advice to me, although having powers doesn't mean that local authorities have the capacity to enforce them.

Eagle
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Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by Eagle »

Hold your horses Rod

I did say I symphasise very much with the people.


I was only pointing out the irony of cat owners who do not demand their cats are put down when they kill birds.

Birds may not be pets but they are a wonderful addition for our gardens and green spaces.

Must admit what surprised me was that a dog managed to catch a cat. When we had a dog , try as he did , he never got anywhere near a pussy.

PeterD
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Location: Champion road

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by PeterD »

There is a mixed race guy,wears a dark puffer jacket, often seen around Burghill Road and walks his dangerous dog off lead (mostly) and has attacked my puppy in Champion Hall green a few weeks back .If you know him I've still got the vets bill for him.(Dog is OK now - but won't go for walks locally any more).

maestro
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Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by maestro »

News Shopper article here..........

http://www.newsshopper.co.uk/news/11576 ... _Lewisham/

A rather depressing comment from the dog owner after this article, police just don't seem to be interested in this sort of incident.

love-sydenham
Posts: 48
Joined: 18 May 2010 18:56
Location: Sydenham, SE26

Re: Dangerous Dog - Brutal Attack on Queensthorpe Road

Post by love-sydenham »

Dear Gabrielle

I am so so sorry to hear what happened to your cat!!!!!! I don't know what I would have done if it had happened to my cat, but one thing for sure, that person and his dog wouldn't get away with that!!!!!
What a tragic!!!!

I'm sending you my best wishes and warm regards.... :( :cry:

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