Woman Sues After Man Kills Her Dog With A Hoe and RSPCA do not prosecute
A woman has raised £1,600 to fund a private prosecution against the former neighbour who killed her pet dog.
Mother-of-three Tricia Wales claims Neville Hill killed five-year-old border terrier Wurzel with a garden hoe following a long-running dispute.
Mr Hill admitted hitting Wurzel with the hoe after it trespassed onto his property but the RSPCA decided not to prosecute him.
Poor Wurzel and her owner
.Here's why the RSPCA couldn't/didn't prosecute:
RSPCA inspector Becky Carter said: "The Animal Welfare Act 2006 says an animal has to suffer for us to prosecute.
"Because the forensic pathologist said Wurzel was hit over the head and rendered unconscious immediately, the dog didn't undergo any suffering."
I hadn't realised that before
.Link here.
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Comments
Hence the outcome.
You are perfectly within your rights to humanly destroy any animal*
The only thing I think she may be able to get him on is criminal damage - but not sure about that.
* Excluding any animal on the protected species list.
So what about his Dog that was being attacked?
QUOTE: Mr Hill said he had not meant to kill Wurzel but he said Mrs Wales' dogs trespassed on to his land, aggravating and attacking his elderly dog.
He said: "The dog wasn't dead when I put her on the doorstep. It was still breathing and I simply thought she was concussed. If I had thought she was seriously injured then I would have called a vet.
"I did strike the fatal blow but (Mrs Wales) doesn't take responsibility for her dogs, it's as simple as that. It happened as a result of her dogs attacking my dog." UNQUOTE
So she went out and didnt' leave her dogs secure, they trespassed into a neighbours garden and attacked his dog... don't think she has a case to be honest.....
I agree - if you allow your dogs to roam free and attack other animals - or god forbid another person, then I'm afraid that another person is well within their rights to stop that Dog attacking.
Its very unfortunate that in this instance the Dog died - but it could have been his Dog that was killed. Was he just supposed to stand back and let it happen, or risk severe injury himself and try to physically restrain the animal?
I guess it just comes down to what sort of person you are and how you feel about animals in general.
on a serious note, i think the bloke was in the right, the dog was attacking his dog
Well obviously you are far superior to the rest of us mere mortals!
Personally if it were my Dog being attacked I would do everything I could to stop that attack - if that meant using force to stop it then so be it.
I wouldn't just stand by and watch my Dog being torn to shreds whilst I was waiting to be put through to the council/RSPCA to get them to come and sort it out!
if she does not care for her dog properly, or kep him from attacking other pets, then she has no comeback here.
Oh listen to you, I guess you'd give your dog a biscuit for its trouble while you pop off to make a phone call about the attack :rolleyes:
Come on, if a dog is attacking your pet or god forbid your child are you going to spend time going to the shed, get the hose out, connect it up to a tap and then turn it on, of course not, you grab what ever is to hand and try to get the attacking dog to stop, ideally without it attacking you (i.e. give it a whack).
He was in the right in my eyes.
Maybe he didn't have the hose at hand. Personality id like to think id have the presence of mind to give the dog a kick to get it off....but in the heat of the moment my thought would be to protect MY dog who is my friend and I owe loyalty too. Not someone else's.
This dogs death is at the hands of its irresponsible owner. It didn't deserve to die and I feel sorry for it but I don't blame him unless he repeatedly attacked it after it was already incompasitated.
Dogs ARE 'dumb' animals (relatively speaking) and like small children its up to the owner to insure the dog does not get itself into dangerous situations.
I'd just be trying to scare it away but I'd still hit it.
I agree he should have alerted the owner immeadiately or taken it down to the vets, but if the dog was attacking his dog, I don't blame him for trying to protect his own. If my dog was attacked I'd try and stop it.
And I would protect my dog. I would not have left my dog to ring the Dog warden, I'd probably have done that long before as the article suggests the dogs were always around. However as we don't know the absolute facts it is very hard to judge.
You can't really know how forceful it was without being there though can you.
Oh my God, just saw the pic on the link. It was a tiny little terrier. I was expectig a rottweiler or bulldog or something. That makes it so much worse. You could even pick up a little dog like that to stop it fighting.
Three kids, three dogs, long running dispute. Hmm, I'm beginning to make unsupported, uncharitable judgements.
Looks like the nasty man damaged her property.
I abhor people hurting animals but I hope, in this case, she loses every penny of the misguided benefactors money ... and has to pay costs on top.