An East Sussex woman has been handed a criminal behaviour order after repeatedly failing to keep her dogs under proper control.
Livia Morvay, 65, of Station Road, Heathfield, previously admitted an offence of owning a dog that worried livestock on agricultural land and nine offences of failing to comply with a community protection notice.
She was sentenced at Hastings Magistrates' Court on 15th August 2023.
Owning a dog that worries livestock on agricultural land is an offence under section 1(1) of the Dogs (Protection of Livestock) Act 1953. The maximum penalty on summary conviction is a fine at level 3 (currently £1,000).
Failing to comply with the conditions of a community protection notice is an offence under section 48(1) of the Anti-Social Behaviour Crime and Policing Act 2014. The maximum penalty for this offence on summary conviction is a fine at level 4 (currently £2,500) in the case of an individual; or a fine not exceeding £20,000 in the case of a body. We have previously discussed legislation surrounding the use of community protection notices.
Morvays was fined £900 for each of the nine breaches of her community protection notice (£5,400 total); ordered to pay £300 compensation to one of the livestock owners; and ordered to pay a surcharge of £190.
Sussex Police received a total of 27 complaints in relation to Morvays' dogs worrying livestocks, chasing other dogs and knocking people over.
She was issued with a community protection notice, which required her to keep her dogs under proper control and wear muzzles in public. Had she kept to the terms of the notice it would have run its course and come to a natural conclusion. However, for whatever reason, she has failed to heed the conditions of the notice.
Given Morvays' persistent breaching of the notice, and the limited sentencing powers available for such a breach, the CPS, at the request of Sussex Police, has decided to apply to the court for a criminal behaviour order prohibiting her from keeping or controlling any dog for a period of 5 years.
Breaching a criminal behaviour order is a far more serious offence, which has a maximum penalty is 6 months' imprisonment, an unlimited fine or both on summary conviction; or 5 years' imprisonment, an unlimited fine, or both on conviction on indictment.
Sergeant Jon Attfield of Sussex Police said: "This case is a reminder of the importance of responsible dog ownership. "Morvay's actions caused significant harm to the agricultural and rural community, to other dog owners and to members of the public.
"She did not take responsibility for her dogs, repeatedly ignoring the requirements of orders imposed by the court, and she has now been fined and banned as a result.
"We hope this sends a message to any other irresponsible dog owners that police and the courts will take action against those who fail to keep their dogs under control."
I'm at a loss to explain why Morvays hasn't complied with the community protection notice. I'm a dog lover and I like my dog to run around, whenever possible, without the constraints of a lead - but I would never dream of doing so if I was anywhere near livestock. He can run around as much as he likes on the beach, at 6 am in the morning, when we're the only people there!
No comments:
Post a Comment