Dear Examinator..I dont mind debating a point_of_law.. in fact I enjoy_it.

Now.. as an issue_of "Law" we may set_out the following facts.

1/ The dog has 'repeatedly' harrased/mauled me on a number of occasions.
2/ My 'previous' actions were purely self defense..driving off the 'mauler' thus 100% lawful. If I'd had a chunk of wood.. whacked it and it relented..THEN I further attacked it and beat it to death -THAT would be a crime.

3/ My 'threat' to the owner was entirely lawful "If it GOES for me again..I'll hurt it" now..that is a clear and unmistakable statement of fair warning. If I'd said "I'll kill it" then you might have a point. Note..I did not say "If se SEE that dog again I'll hurt it.. but (now note this) If it GOES for me again"

4/ Given that she knows 100% that her dog MUST by law be leashed.... as a condition of entry to the property.. it is 100% on HER..not me.

I'm just the innocent walker who likes to enjoy a bit of exercise without being mauled by some mut which (out of the many many dogs...including bull terriers and german shepherds and even a bull mastif which I regularly encounter quite peacefully)is the notable exception to the rule. (along with the Rotweiler which tried to bite me and the other one which attacked me outright)

So.. the law is actually quite clear.

Prevention of Cruelty to Animals Act 1986 - SECT 11

Defence to cruelty or aggravated cruelty

11. Defence to cruelty or aggravated cruelty

In any proceedings against a person in relation to an act of cruelty under
section 9, or an act of aggravated cruelty under section 10, it is a defence
if the person-

(a) acted reasonably; or

(b) reasonably omitted to do an act-

in defending himself or herself or any other person against an animal or
against any threat of attack by an animal.

(notice that last bit? "threat")

Given that an animal will almost without exception try to bite hands.. a kick is the most "reasonable" response under the circumstances.

You have a right of self defence, Any dog owner with an unrestrained animal is liable. Provacation is not a legal point. The law says the animal is to be restrained.

More law.

Domestic (Feral and Nuisance) Animals Act 1994 - SECT 29

Penalty and liability for attack by dog

29. Penalty and liability for attack by dog

(1) If a dangerous dog, that is not a guard dog guarding non-residential
premises, attacks or bites any person or animal, the owner is guilty of an
offence and liable to a term of imprisonment not exceeding 6 months or to a
fine not exceeding 120 penalty units.

(4) If a dog rushes at or chases any person, the owner is guilty of an offence
and liable to a penalty of not more than 4 penalty units.

COMMENT

Exammy..nothing there about 'breaking the skin" mate.

If you feel you have a point there.. please back it up with.. law :)

So.. clearly... If I'd run..and this mut had chased me.. not even touched me.. the owner has committed a crime..

This is why the "law" is rather helpful..it exposes the bias, bigotry and woolly thinking of so many people who think they can just apply their bigotry to others. Note..'bigotry' is where one is confronted with facts..but denies them in preference for their own biases.

Obviously, that little 'burst' will attract the charge of BUT BUT..but.. (fume, foam, froth) you you.. YOU are a hypocrite because you vilify such and such regularly (Gays,Islam, Muslims)

To which of course.. I react "The law is clear".. but this isn't the thread to debate those things :)

How simple does it need to be?

1. Take a photograph of the dog off the leash in a restricted area

2. Prove the 'injury' (that the dog is "savage")

3. Report to Council

4. Avoid the place and the time

Councils are required by law in most jurisdictions to provide leash-free dog walking areas.

Nicky

Oh yes, here it is:

Crapathians 25-27
25Violence is the answer at times, it is the ultimate deterrent. 26Yea I say unto thee that any who provide witness against thy neighbors negligence, is truly righteous. 27Blessed are they who use reasonable force for they shalt inherit the kingdom of dog.

Sorry Boazy, I realise now you were only following your foundation documents.

"You wanna dog, you are 100% absolutely responsible for the conduct of the dog."

Does that go for kids too, Col? Glad you didn't have a pick axe handle with you, or a gun for that matter. You might have ended up being charged, or assaulted by your neighbour. My neice lived next door to a gangster family with a couple of pit bulls. One dog got through the fence and attacked her little dogs. Fortunately she had help from another neighbour to rescue her dogs. Called the police. The dog was destroyed and the lease wasn't renewed.