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Borderdawn
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15-07-2008, 10:49 PM
Originally Posted by wildmoor View Post
Not my current dogs, but in the past I have had several cats killed in my garden, 1 in my house, sorry but if the cat is in my garden how are you supposed to know I certainly would not muzzle my dogs in my own garden and would challenge it in court. You are not liable if a trespasser gains access to your property, but are if you invite them in, so why should it be different for animals that are tresspassing on your property.
There is 1 case going on near me at the moment, but the difference is the cat was in its own garden and the dogs jumped into the cats garden, plus the owner who was walking them off lead on the street knew his dogs had killed several alleged to be approximately 20 cats in the last 3yrs.
Nor would I, dont think anyone said they had to? the one I mentioned was muzzling when out in public as the dog was classed as dangerously out of control, it was also ordered to be kept on a lead.

Yes you are, tresspass is only a civil crime not a criminal one.
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Colin
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15-07-2008, 11:00 PM
Originally Posted by Borderdawn View Post
Nor would I, dont think anyone said they had to? the one I mentioned was muzzling when out in public as the dog was classed as dangerously out of control, it was also ordered to be kept on a lead.

Yes you are, tresspass is only a civil crime not a criminal one.
In law, trespass can be classed as a criminal act of entering another person's land or property without permission of the owner or lessee.
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Ripsnorterthe2nd
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15-07-2008, 11:01 PM
I remember seeing a TV programme where they were trying to rescue a cat from a garden where a dog had attacked it. They said on the programme that because the dog was under control in it's own property (and that the cat was technically "trespassing") then no prosecution could take place. This was America though?!

Personally, I really can't see how they can prosecute a dog owner when the cat has entered someone elses property and the dog is under control within the boundaries of that property.
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red collar
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15-07-2008, 11:51 PM
This is how I understand it, maybe someone can correct me if I'm wrong:

There is no law that covers dog on cat attacks on private property.

However, if the owner encouraged the attack, or was otherwise instrumental in causing suffering, or used the dog as a weapon, they could be liable for their (as opposed to the dog's) 'cruelty' under the Protection of Animals Act 1911.

I would think the CPS would need witnesses to confirm any act of cruelty by the owner so an incident in the street, with witnesses, would be taken to court if cruelty was involved. An incident on the dog's private property with no independent witnesses wouldn't proceed.

The cat's owner, however, could take civil action to recover vets fees and expenses. Taking civil action is expensive and uncertain, so I can't see it being widely used, and although the burden of proof is less stringent in civil cases, with no witnesses it would be unlikely to succeed.
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Jem
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16-07-2008, 12:04 AM
About 2 weeks ago a neighbour turned up on my doorstep and told me she had seen my dogs chase her cat in my garden, As a cat owner i was polite and just said i would keep a eye on it for her but can she keep her cat in.
Within 4 hours her cat had been killed by my dogs, i personally was distraught, the dogs stalked and mauled the cat we took it straight to the vets, they did what they could but within the hour the cat had died, we paid all the vet bills as i felt it was my fault.
I had to tell this woman what my dogs had done and it was just a awful day BUT i had told her to keep her cat in, i had also told her my dogs are fine with MY cats but couldn't comment on what they were like with other people's.
Granted she was upset but she understood that i had already asked her earlia to keep her cat in, she also told me i didn't need to pay the bill.
I think it depends on the actual event to be honest as to what happens afterwards x
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Bilclarie
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16-07-2008, 07:13 AM
I have 2 cats here and all the dog's are fine with them the only other cats around here are ferral so wouldn't be a problem if the dogs where to get hold of one, the french see them as vermin and are often shot by my neighbours for killing there chicken's etc.


Mo and the gang
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ClaireandDaisy
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16-07-2008, 08:04 AM
There was a case a few years ago. The dog was found guilty but it was overturned at appeal.
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Sez & Amber
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16-07-2008, 08:18 AM
My friend's dogs killed a cat on the dogs owner's property and the cat's owners insisted they were PTS, apparently with Police backing.

Personally, I don't like cats to roam. When I lived at home, I grew up with a pair of cats, and the number of times they were "adopted" and fed by neighbours or were injured was unbelieveable. When I left home and had my own cats, they were house cats but had access to a "play area" outside. Pets are the owners' responsibility, and so many cats are injured or killed whilst exercising this "right to roam" and sometimes the owner never find out about it. I know many cat owners argue that their pets have been outdoor cats for X number of years with no problems, but I wouldn't let my dog, horse or rabbits roam the streets where anything could happen to them (or where they could happen to the public!), so why aren't people responsible for their cats?

Off my soap box now Sorry, that got a bit O/T.
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Reisu
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16-07-2008, 11:26 AM
My Mum knew someone who had a greyhound who kept killing all of the local cats. He buried them all in the garden luckily the cats round here know better than to go into our garden and since it's quite small you can spot them right away. If he ever did get hold of one I don't know what I'd do.
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Borderdawn
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16-07-2008, 11:49 AM
Originally Posted by Colin View Post
In law, trespass can be classed as a criminal act of entering another person's land or property without permission of the owner or lessee.
Not really Colin.

At common law a trespass was not criminal unless it was accomplished by violence or breached the peace. Some modern statutes make any unlawful entry onto another's property a crime. When the trespass involves violence or injury to a person or property, it is always considered criminal, and penalties may be increased for more serious or malicious acts. Criminal intent may have to be proved to convict under some statutes, but in some states trespass is a criminal offense regardless of the defendant's intent.
Only in the above circumstances, and certainly not in a Cats case! Seems the trasspass laws are exatly the same here, or I cant find anything to the contrary.
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