John Sykes [2019] EWCA Crim 1122

The appellant pleaded guilty on the first day of trial to being in charge of a dog which caused injury while dangerously out of control, he was sentenced to 16 months’ imprisonment. The dog bit a jogger who went to overtake the appellant and his partner. The appellant was of previous good character and due to poor health was assessed as unsuitable for unpaid work, the PSR made a recommendation for a 6 month community order and of a low risk of re-offending. The dog was required to wear a muzzle in public due to biting two women previously. It seemed as though the appellant had interpreted the order as requiring a muzzle only when the dog was not on a lead in a public place.

Held: it is difficult to accept the appellant had that understanding of the order, he had the muzzle with him on the day in question and must have been aware of the requirement to have the dog muzzled, even on a short lead. This was a serious offence resulting in physical injury and lasting unease for the victim, culpability was high, and this was the third occasion the dog had attacked a person. The factors justified an immediate custodial sentence, the appeal was dismissed.