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Couple who threw dog off a slipway have conviction overturned

A couple who were prosecuted after being photographed throwing their dog repeatedly from a slipway into the sea at Exmouth have had their convictions overturned on appeal. Linda Jones and John Nesbitt from Devon had pleaded 'not guilty' of causing unnecessary suffering last June to Jess, a terrier, claiming they had been trying to cool her down “because she was hot”. They had received a 12 week jail term suspended for two years and a 10 year animal ban.

Jess, who has been cared for by the RSPCA for almost a year, will be reunited with her owner. Recorder Paul Dunkels QC said that Linda Jones' actions were “utterly stupid” and warned that she must never do it to Jess or any other dog again. The Judge said there was no evidence to say that Jess had been physically hurt after being hurled into the sea on a slipway at Exmouth, Devon, adding that it was the manner that she was thrown into the sea which was the subject of criticism.

The defence lawyer, Jeremy Tricks agreed that “Linda Jones' handling of the dog was foolish” but argued that no unnecessary suffering was caused to Jess because dogs are “resilient animals”.

Read the original story here: http://www.dogsey.com/dog-news.php?t...highlight=Jess

Your comments and views:
Azz
Administrator
Joined: Mar 2005
Posts: 18,577
Male 
 
12-06-2012, 08:06 PM
Poor dog - wonder what fate awaits it now it's having to go back to them Thanks for the update Linda!
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Cassius
Dogsey Veteran
Joined: Dec 2008
Posts: 2,963
Female 
 
12-06-2012, 08:20 PM
Just goes to show doesn't it - yet another Judge who has lost touch with reality! What about the mental/psychological/emotional distress caused by being thrown into the sea? If it was so hot on that particular day, could they not have removed their shoes and gone a little way into the water with her? Surely that would be better that chuckingher in.

I'm pleased I don't know where they live. Scum like that deserve everythign they get (although they may not get everything they deserve) and as a rule, court cases are public. Hopefully someone will do the same to them. See how they like it.
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Tass
Almost a Veteran
Joined: Oct 2010
Posts: 1,096
Female 
 
12-06-2012, 08:34 PM
Disgraceful!!
And no mention of them both wearing thick coats at the time, despite claiming they only threw the dog in to cool it off.

How can the judge both say they must never do it again and also that there was nothing wrong in what they did?!

I fail to see how they can be considered to have complied with section 9(e) (and possibly 9(a)) of the Animal Welfare Act when repeatedly throwing it roughly from a height into one foot of water, over a solid concrete jetty!:

9Duty of person responsible for animal to ensure welfare

(1)A person commits an offence if he does not take such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he is responsible are met to the extent required by good practice.
(2)For the purposes of this Act, an animal's needs shall be taken to include—
(a)its need for a suitable environment,
(b)its need for a suitable diet,
(c)its need to be able to exhibit normal behaviour patterns,
(d)any need it has to be housed with, or apart from, other animals, and
(e)its need to be protected from pain, suffering, injury and disease.
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MarchHound
Dogsey Veteran
Joined: Apr 2011
Posts: 1,887
Female 
 
12-06-2012, 10:00 PM
I have no words.......so throwing dogs about is OK now? Jeeeeez -.-
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Collie Convert
Dogsey Veteran
Joined: Dec 2008
Posts: 3,464
Female 
 
13-06-2012, 09:04 AM
What they did was wrong and stupid but did they really deserve to have the dog taken off them? I don't think so, there is no evidence that the dog suffers at home, and I am sure they have learnt from their mistake.
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Plays Nicely
New Member!
Joined: May 2012
Posts: 1
Female 
 
13-06-2012, 08:20 PM
... no unnecessary suffering because dogs are resilient? What kind of weird thinking is that? It's like saying that someone with a learning difficulty isn't suffering if someone teases them, because they're too stupid to know they're being mocked! It's all wrong, I tell you, all wrong ... I'd like to give someone a good talking to
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Angus
New Member!
Joined: Oct 2011
Posts: 3
Male 
 
13-06-2012, 09:02 PM
Perhaps throwing the judge in would shed a different light on things.
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youngstevie
Dogsey Veteran
Joined: Nov 2007
Posts: 20,832
Female 
 
14-06-2012, 06:09 AM
I think its sad they were allowed to have their dog back if the dog was hot, why throw it in.....most normal people would just walk to the edge and allow the dog to lie in the water.....not thrown in 12 times
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Moyra
Dogsey Veteran
Joined: Jan 2013
Posts: 10,060
Female 
 
26-07-2013, 05:05 PM
The longer I live the less I like my fellow man, thank God there are some genuine Dog lovers on this site otherwise I think I should despair of humanity altogether. Thanks Azz for fetching us all together. Moyra
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