Defence against actions in relation to killing or injuring dogs
33 Defence against actions in relation to killing or injuring dogs
It is a defence to a prosecution for or civil action in relation to the killing or injuring of a dog if:
the defendant was not a trespasser on the premises on which the dog was;
the defendant or another person, or a bird or animal belonging to the defendant, was, at the time that the dog was killed or injured, being attacked by the dog, or the defendant believed, on reasonable grounds, that such an attack was about to take place; and
the defendant did not provoke the attack or impending attack.
For the purposes of subsection (1), a bird or animal is deemed to belong to the defendant if it belongs to a person who authorised the defendant to control it.
Where a person kills or injures a dog on premises of which he or she is the occupier or on which he or she is authorised by the occupier to be, that person shall be deemed to have established a prima facie defence under subsection (1).
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