Owner wins fight to overturn muzzle order on dog that attacked others

Tuesday 05 March 2024

A dog owner has successfully challenged a court order requiring her pet to wear a muzzle in public after it escaped and attacked smaller dogs.

The restriction was put in place following two incidents where Nicola Canavan's Staffordshire bull terrier and labrador cross Bruce ran out of her St Saviour home and bit other pets.

But a Royal Court appeal heard that the escapes happened as a result of Canavan's lodger leaving the front door open.

On 7 April, Bruce ran out of the front door of his house in St Saviour and attacked a border collie being walked nearby.

The collie was left with two bite marks, and its owner fell over and suffered a minor injury.

One month later, on 7 May, a similar incident occurred when Bruce ran out of the front door and across the road to attack a shih tzu, which escaped with scratches.

Pictured: The Royal Court has upheld Nicola Canavan's appeal against the Magistrate's Court order that required her dog to wear a muzzle in public.

Canavan pleaded guilty to two charges of being in charge of a dog that was dangerously out of control.

She was fined £900 at the Magistrate's Court in October last year.

The court also ordered that Bruce must always wear a muzzle and be kept on a lead when out in public.

However, Canavan appealed the muzzling order, arguing that it was excessive and lacked justification.

She said that Bruce was not a dangerous dog, and it was unfortunate that he escaped on those specific days and reacted as he did.

Pictured: The Royal Court ruled that Bruce was not inherently aggressive; rather, the incidents were due to Bruce escaping when the lodger left the door open.

Canavan explained she had made alterations to her front door since the incidents and spoke "firmly" with her lodger to take care not to leave the front door open to prevent future escapes and attacks.

The Royal Court ruled that the muzzling order for Bruce was unjustified as the incidents resulted from his unintended escapes, not his aggressive behaviour.

They upheld the requirement for Bruce to be supervised and leashed in public, warning that failure to prevent further escapes and attacks could ultimately result in Bruce being put down.

The judgement can be read in full HERE.