Feldwick v Procurator Fiscal, Edinburgh

Sentencing – Control of dogs – Order for destruction of dangerous dog – Contingent destruction order. Sheriff Appeal Court: Allowing an appeal by an appellant who pled guilty to an aggravated offence of being the owner of a dog that was dangerously out of control, against a sheriff's decision to order the dog's destruction, the court held that the sheriff erred in concluding that, as he had not been persuaded that the dog did not constitute a danger to the public the possibility of making a contingent destruction order did not arise: the appellant's failure to comply with an earlier dog control notice was a direct consequence of her personal circumstances; but for that failure it was conceivable that the offence would not have been committed, and the court was satisfied that that the appropriate course was to quash the order for destruction and impose a contingent destruction order

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