Date: Sun, 25 Mar 2007 19:51

From: John Murphy

Subject: John Murphy and more on animals

Dear Michael:

Intuitively, I'm sure that's right (though I have no authority). But the dog could have been pulled back by the lead by me or its owner (hence no need to kill it) ... Would the excessive force (brought on by natural anger) take me beyond self-defence/defence of another principles?

Section 9 of the Animals Act spells out exactly when one may kill a dog, but it doesn't include defence of one's kid (unless, of course, one's kid is goat).

So the point is: does one have to be careful about how far one goes when defending oneself or one's child from an attack by someone's dog in the park. And would the dog being off the lead make a difference?

The answer seems so obvious to all of us (especially me last summer when an unfortunate mutt unexpectedly said hello to my size eleven shoe at Clifton Marina for snapping at the wrong little boy); but it seems curious (to me at least) that no-one ever seems to have litigated the matter or even thought of including something along those lines in s 9 of the Animals Act.

J

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