A sheriff has spared the life of a Rottweiler that attacked and bit a woman – but ordered its owner to pay her compensation.
Angus Falconer, 58, was walking his dog at Nigg Bay Golf Club when he decided to let the animal off its lead, thinking there was nobody else around.
But a woman had been walking her own dogs nearby, and the Rottweiler charged towards them, growling aggressively.
And when the woman scooped her pets up in a bid to keep them safe, the snarling dog instead bit her ankle.
Fiscal depute Tom Procter told Aberdeen Sheriff Court: “The complainer was walking her dogs at the time.
“The accused’s dog started running towards her dogs. She queried whether the accused’s dog was okay, to which he did not respond.
“The dog became aggressive, attempting to go for the complainer’s dogs.
“The complainer attempted to pull her dogs away. She went to pick up her dogs and, at that point, the accused’s dog bit the complainer.”
Mr Procter said Falconer “made no attempt to help or take control of the dog”.
‘If he’s on the lead he’s under control’
The woman was left with broken skin on her calf, which was bleeding. She was treated at A&E and given stitches and a tetanus jab.
Mr Procter added that the Rottweiler and its owner had not previously come to the attention of police or the dog warden.
Falconer, of Balnagask Road, Aberdeen, pled guilty to being the owner of a dog which was dangerously out of control.
Referring to a letter submitted by Falconer, Sheriff Mark Stewart said: “You apologised for the incident and said it was due to the dog having certain difficulties socialising with other dogs that it became aggressive.”
Falconer, who appeared without a solicitor, said: “I made the error of judgment that day to let the dog off the lead, thinking there was nobody else there.
“I keep him on the lead at all times now.”
Sheriff Stewart asked: “Would you consider muzzling him?”
But Falconer replied: “No. he’s always on the lead. He doesn’t need muzzling.”
He explained the Rottweiler was “not interested in biting people” and had been going for the other dogs when “the woman’s leg was caught between the two dogs”.
‘It’s a big dog which can frighten and injure people if it’s not fully under control’
The sheriff said: “I’m suggesting, if the dog is to be spared its life, one way in which you might be giving me some assurance this won’t happen again is by muzzling him.”
Falconer said: “If he’s on the lead he’s under control.”
Sheriff Stewart went on: “This lady suffered an injury and had to undergo medical treatment.
“She was doubtless somewhat shocked and scared by the whole thing.”
He added: “I’m prepared to accept that the need for destruction of this animal has not been made out.
“I’m still of the view the dog ought to be muzzled.
“The dog needs to be controlled and people need to be protected and reassured.
“If the dog was to do anything again, it would be destroyed.
“This is a serious incident. It’s a big dog which can frighten and injure people if it’s not fully under control.”
He ordered Falconer to pay the injured woman £300 compensation and imposed an additional fine of £320.
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