A 71-year-old woman was left injured after an escaped dog attacked her own pet she was taking for a walk.
David Anthony Barnes, 60, of Spring Gardens, Long Sutton admitted being the person in charge of a dog which was dangerously out of control, when he appeared at Boston Magistrates Court.
The court heard that on the morning of July 22, Eileen Day, 71, who lived next door to Barnes, took her dog Molly for a walk.
It was said she went down the footpath she shared with Barnes that led to the street, but as she did so, a Staffordshire terrier called Stella came charging out from the rear garden of Barnes’ house, went between her legs knocking her over, then picked Molly up by the throat and started shaking her.
Mrs Day called out and Barnes came out of his house and forced the Staffordshire terrier to release her dog, a small Jack Russell/Pomeranian cross and pulled her away, biting him as he did so.
Both Mrs Day and her dog were injured, it was said.
Judge Peter Veits heard that a community resolution was agreed between Barnes and the police to re-home the dog but since he did not do so, the case was sent to court.
Mitigating, Roger Lowther said Barnes had been looking after the dog for his son for the past 18 months and the dog would be returned to him in the course of time.
He said Barnes did not ignore the community agreement but could not find anyone to take the dog.
He said the dog had escaped from the house when a door was left open as Barnes manoeuvred his mother’s wheelchair, but he had since constructed a fence to stop the dog getting out again.
The court was told Mrs Day was still very upset about what had happened and was ‘petrified’ the dog would get out again.
Judge Veits said Staffordshire Terriers are ‘by nature nasty and dangerous dogs’ and said it was ‘clearly out of control on that day’
After studying photographs, he told Barnes the fence he had built was ‘not good enough’ and that the dog could easily jump over it.
He gave Barnes a two year conditional discharge and ordered him to pay £100 compensation to Mrs Day and £106 in costs and charges.
He also issued a contingent destruction order for the dog, stating that it must be muzzled at any time it is out in the garden or in public and must always be on a lead when it is in public.
He also ordered Barnes to improve the fence within a month so that it is six foot high, warning him that if he didn’t do any of these things, the dog would be facing destruction.
