AN XL Bully dog’s life has been spared after magistrates heard there were no issues with the animal’s behaviour.
Molly Story, 21, was found in possession of an XL Bully dog called Fury at her Egremont home and did not have a Certificate of Exemption for the dog which is now a banned breed.
Story had admitted possessing or having custody of a fighting dog last month and was brought back before Workington Magistrates’ Court on Wednesday to be sentenced and hear the fate of her dog.
Outlining the case, prosecutor Pamela Fee said police had arrived at Story’s home address to make arrest enquiries for an unrelated matter on August 7.
Officers saw a dog which appeared to be an XL Bully. Story was asked about the dog and said it was hers. She admitted she didn’t have a Certificate of Exemption.
A dog handler was called in and found that the dog conformed to the XL Bully standard. The dog was seized by the officer.
Ms Fee said the dog was ‘simply at the home address’ and there had been no incident with the dog’s behaviour but it should have had a Certificate of Exemption.
She said the dog should be destroyed unless there was evidence to suggest it does not pose a risk to the public and the owner is a fit and proper person to own a dog.
The court heard that there had not been any issues with the dog in the kennels and it had not shown any aggression towards the police dog handler while at Story’s home address.
Kennel costs for the dog were £1,830, the court was told.
John Cooper, defending, said: “Miss Story has never had any dealings with the police before. Police were looking for her boyfriend.
“She wasn’t 100 per cent sure if the dog needed an exemption certificate.”
Mr Cooper said a report prepared by a dog expert found it was a ‘very poor example’ of an XL Bully and ‘only just’ conformed to the standard.
Mr Cooper said: “It’s very well behaved. It has been with children with no issues. It didn’t react to police at all in the house. Many dogs will overreact.
“This is a dog that is illegal because of what it is but there are no issues at all.”
Mr Cooper said the defendant had already put measures in place to keep the dog secure in her home.
Passing sentence, presiding magistrate Mark Gear said: “We believe you are a fit and proper person to own a dog. We have seen no evidence of poor behaviour from what the police have said or from the expert report.”
Story, of Brisco Mount, Egremont, was given a three-month conditional discharge. A contingent destruction order was imposed on the dog.
The defendant is required to obtain a Certificate of Exemption and if she complies, the dog will not be destroyed.
She must also pay £500 towards the kennel costs.
- From February 1, 2024, it became a criminal offence to own an XL Bully dog in England and Wales unless the dog has a valid Certificate of Exemption.
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