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Judge entitled to find that dangerous dog could not be rendered safe
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Northern Irish Court of Appeal refuses to compel County Court judge to state a case in respect of an order to destroy a dog that he had been found to be dangerous.
Application for case stated - judgment given by County Court (Judge Rodgers) on appeal from Magistrates' Court - conviction of owning Pit Bull Terrier - Article 25A(1) and (7) of the Dogs (Northern Ireland) Order 1983 as amended by the Dangerous Dogs (NI) Order 1991 - order that dog be destroyed - expiration of licence in September 2009 - inspection by wardens in May 2010 - threat to wardens made by person on premises - examination by expert dog handler - obligation on court to order destruction of dangerous dog - lack of discretion available within Northern Irish legislation (unlike legislation in England and Wales permitting exemption certificates) - consideration of comparable legislation by County Court judge - finding by judge that dog would not meet test for exemption certificate if it had been available - whether dog could be rendered safe by the imposition of conditions - whether judge should have stated case.
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