||All England Reporter
|| All ER (D) 44 (Jan)
|| EWCA Crim 1
||Court of Appeal, Criminal Division
Smith LJ, Underhill J and Sir Christopher Holland
||The defendant appeared in person.
||Nicholas Worsley (instructed by the Crown Prosecution Service) for the Crown.
||16 January 2008
Criminal law - Dangerous dogs - Public place - Defendant's dog attacking three victims on driveway shared by defendant with private care home - Whether public place - .
A place which was, of its nature, private, such as a front garden, would only be a public place if members of the public had access to it otherwise than at the express or implied invitation of the occupier. The was a penal statute which had to be strictly construed. Whilst the effect of the Act was that in cases where occupiers of neighbouring private properties and their visitors had the use of shared access paths or roads, users of such common areas would not have the protection of the Act, Parliament had chosen to limit the effects of the Act to cases where dogs were let out of control in a public place, notwithstanding the fact that dangerous dogs might also be a menace in private places.
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