Compensation order after dog bites postman

PUBLISHED: 14:00 17 August 2015

Archant

An Exmouth man has been allowed by magistrates to keep his dog, despite it having bitten a postman and another dog while subject to a control order.

John Nesbitt, 66, of Summer Close, appeared at Exeter Magistrates’ Court for sentencing, having previously admitted two charges in relation to Jack Russell Patterdale cross Jess. These related to two incidents which both occurred on March 21.

In the first incident, the court heard that Geoffrey Crews had been walking his dog, Rusty, in the area of Summer Close and Berry Close, when Jess had come at them from Summer Close and bitten Rusty on his right rear leg, before running off towards Mr Nesbitt’s address.

The court heard Rusty was injured in the attack.

The second incident occurred when postman Colin Heyde was on his rounds in Summer Close and was bitten on his right leg.

At the time of the incidents, Jess was subject to a control order, imposed by magistrates on August 7 last year, which said that she should be on a lead and muzzled at all times when in a public place.

In mitigation, the court heard that Nesbitt had since taken steps to prevent Jess leaving his home, having installed fencing.

With the control order having been breached, magistrates could have ordered that Jess be destroyed, or disqualified Nesbitt from keeping dogs. Instead, Nesbitt was ordered to pay £100 compensation to Mr Heyde and to pay £85 costs.

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