It is a criminal offence that relate to dogs :

  • that are not registered
  • that attack another person or animal
  • that are set to attack on your command

The police may issue an infringement notice or alternatively you may get a charge and summons to appear in the Magistrates’ Court.

Declared dogs and restricted breeds

If your dog has been declared dangerous or menacing, or you have a restricted breed of dog, these offences are treated more seriously.

A dangerous dog is one that has been trained to attack, is used to guard non-residential property or has been declared dangerous by a council.

Dangerous, menacing and restricted breeds of Dogs

Some offences are treated more seriously if a council has declared your dog as dangerous or menacing, or if the dog is a restricted breed. Meanwhile, a menacing dog is one that has attacked another animal, chased or bitten a person.

On the contrary, a restricted breed dog is one that is banned from import into the country because it might be unsafe. A common restricted breed of dog is the American Pit Bull Terrier.

Your options at court

  1. You may accept the charges and request for a diversion. This is program whereby your case is not treated the same as others, instead you must agree to certain conditions and will benefit from not obtaining a criminal record. However this program exists for less serious offending.
  2. Plead guilty
  3. Plead not guilty

For any more information or assistance with your criminal matters, please contact us at Jay & Co Barristers and Solicitors on 0403 297 655.