Post by michele5611 on Jan 5, 2012 15:13:22 GMT -5
www.mirror.co.uk/news/top-stories/2012/01/03/killer-mastiff-dog-s-owner-avoids-jail-115875-23677291/
An ex-paratrooper whose 8st mastiff savaged a woman to death after it escaped from a tiny cage was given a 150-hour community order today.
Barbara Williams, 52, suffered a severe haemorrhage to her head and neck when she was attacked by the Neapolitan mastiff at her home on two days before Christmas Day in 2010.
Former British Army paratrooper Alex Blackburn-Smith, from south London, previously pleaded guilty to failing to ensure the dog's welfare, as well as being in possession of a banned pitbull terrier.
In a hearing at Croydon Magistrates' Court today he was given a community sentence of 150 hours unpaid work and ordered to pay costs of £3,340.
Richard Jeffries, defending, told the court that the Neapolitan mastiff, named DB0, was owned by Mr Blackburn-Smith because it was "lovable".
He said the dog was "bought as a family pet" and was the "same style of dog that you would see in the film Harry Potter".
Prosecutor Angela Williams said that the victim was in the kitchen of her home on Demesne Road, Wallington, when she was attacked by the dog. "It would appear that the dog managed to force the cage door open in standing up," she said.
The court heard that the emergency services were called but the woman could not be saved.
"They arrived on the scene within five minutes and discovered a female with serious injuries lying in the hallway. She was subsequently pronounced dead," Ms Williams said.
The dog was shot dead by police marksmen after the savage attack, and another dog, a pitbull puppy called Ruby, was removed from the property.
District Judge Robert Hunter described the case as "an unusual situation" as he passed sentence. "In light of that situation I cannot say that this matter has crossed the custody threshold," he said.
The prosecutor said the death of Ms Williams was "a direct result of the dog's incarceration in the cage".
But Mr Jeffries told the hearing that "no-one knows what set the dog DB0 off". He added: "It might have been a contributing factor. I don't think the court can take it any further than that."
In mitigation, Mr Jeffries also said that police and animal welfare officers had visited the home prior to the attack.
"We had evidence that in the lead up to 23 December 2010 Mr Blackburn-Smith's premises were visited by RSPCA and a PCSO (Police Community Support Officer) for other reasons - to deal with a noise complaint - and nothing was said then about the treatment of the animals."
Mr Jeffries told the court that his client had served in the Army for eight years and currently carries out a training programme for people hoping to join the armed forces.
At a previous hearing he was banned from owning any animal, or having anything to do with keeping or transporting animals. His pitbull was also put down.
The Neapolitan Mastiff breed is a large dog which can be extremely protective of its home and family and can be aggressive towards strangers and unfamiliar dogs.
The maximum penalty for illegal possession of a banned dog is a fine of £5,000 and/or six months' imprisonment.
An ex-paratrooper whose 8st mastiff savaged a woman to death after it escaped from a tiny cage was given a 150-hour community order today.
Barbara Williams, 52, suffered a severe haemorrhage to her head and neck when she was attacked by the Neapolitan mastiff at her home on two days before Christmas Day in 2010.
Former British Army paratrooper Alex Blackburn-Smith, from south London, previously pleaded guilty to failing to ensure the dog's welfare, as well as being in possession of a banned pitbull terrier.
In a hearing at Croydon Magistrates' Court today he was given a community sentence of 150 hours unpaid work and ordered to pay costs of £3,340.
Richard Jeffries, defending, told the court that the Neapolitan mastiff, named DB0, was owned by Mr Blackburn-Smith because it was "lovable".
He said the dog was "bought as a family pet" and was the "same style of dog that you would see in the film Harry Potter".
Prosecutor Angela Williams said that the victim was in the kitchen of her home on Demesne Road, Wallington, when she was attacked by the dog. "It would appear that the dog managed to force the cage door open in standing up," she said.
The court heard that the emergency services were called but the woman could not be saved.
"They arrived on the scene within five minutes and discovered a female with serious injuries lying in the hallway. She was subsequently pronounced dead," Ms Williams said.
The dog was shot dead by police marksmen after the savage attack, and another dog, a pitbull puppy called Ruby, was removed from the property.
District Judge Robert Hunter described the case as "an unusual situation" as he passed sentence. "In light of that situation I cannot say that this matter has crossed the custody threshold," he said.
The prosecutor said the death of Ms Williams was "a direct result of the dog's incarceration in the cage".
But Mr Jeffries told the hearing that "no-one knows what set the dog DB0 off". He added: "It might have been a contributing factor. I don't think the court can take it any further than that."
In mitigation, Mr Jeffries also said that police and animal welfare officers had visited the home prior to the attack.
"We had evidence that in the lead up to 23 December 2010 Mr Blackburn-Smith's premises were visited by RSPCA and a PCSO (Police Community Support Officer) for other reasons - to deal with a noise complaint - and nothing was said then about the treatment of the animals."
Mr Jeffries told the court that his client had served in the Army for eight years and currently carries out a training programme for people hoping to join the armed forces.
At a previous hearing he was banned from owning any animal, or having anything to do with keeping or transporting animals. His pitbull was also put down.
The Neapolitan Mastiff breed is a large dog which can be extremely protective of its home and family and can be aggressive towards strangers and unfamiliar dogs.
The maximum penalty for illegal possession of a banned dog is a fine of £5,000 and/or six months' imprisonment.
I look forward to learning much here