Mnyirrinna v McINTOSH

[2003] WASCA 305

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Justices Act 1902 (WA)
4. › Whether arguable case disclosed
5. › Whether grounds frivolous or vexatious
6. › Justices Act 1902 (WA), ss 186(1)(a)(i), 187(1)
1. Animals
2. › Control of dogs
3. › Dog Act 1976 (WA)
4. › Dog attack on another animal
5. › Dog in place not a public place without consent
6. › Order for destruction of dog
7. › Dog Act 1976 (WA), ss 33A, 33D, 39, 40(1)(b)

Quick Take

Sections 33A and 33D of the Dog Act 1976 (WA) place a heavy onus on dog owners, with the Criminal Code defences (ss 23 and 24) excluded by implication, and the specific statutory defences in ss 33B and 33D applying instead. A destruction order under s 39 may be made on the balance of probabilities where an attack is shown to have caused injury or damage.