‘Dangerous dog’ Dayton saved from execution by a whisker

editorial image

A district judge has ruled that a dog from Kimberley called Dayton will not be put down after it bit a neighbour.

The incident landed its disabled owner with a four-month prison term, suspended for a year.

District Judge Leo Pyle said the dog would not be put down if it wears a lead and muzzle in public and has insurance which would pay any victim.

Owner Catherine Gibby was banned from keeping any dog for five years and plans to pass it to her daughter, who shares her home on Park Avenue.

After the case at Nottingham Magistrates’ Court on Tuesday, Ms Gibby said: “He is such a loving dog and I love him to death.

“I have not seen him since August and we will have a party when we get him back. I am going to buy him a big bone and a soft toy.

“He’s a Rotty cross and no bigger than a Labrador. He’s quite a strong dog but he’s dead loving.

“I am going to get him some behavioural lessons if it makes him a better dog.

“He sleeps on my bed at nights and often goes under the quilt,” added Ms Gibby, 50.

She admitted being the owner of a dog which was dangerously out of control and caused injury on August 16.

Prosecuting, Mark Kennedy said the dog growled at the neighbour after getting out of its garden, before biting one of his elbows and grabbing the man’s thigh, causing “unbearable pain.”

He went to see his family doctor who found three puncture wounds on the thigh and gave him a tetanus injection.

The victim said it was “scary at the time” but was a dog owner and felt the incident would not cause psychological harm, added Mr Kennedy.

The dog was made subject to a “control order from the local authority and had been held in secure kennels since August 22.”

Louise Winning, mitigating, said a qualified dog behaviourist had assessed Dayton.

“As far as he is concerned, the dog isn’t a danger,” she said. “He felt the dog would choose flight not fight on the balance of probabilities.”

Miss Winning added: “She is extremely remorseful about the whole incident and extremely distressed at what could happen to Dayton.”

Ms Gibby had never been in trouble before and must pay £85 prosecution costs with an £80 surcharge.