Pitbulls To Get Bad Name Again

[jazzie]

http://www.news.com.au/breaking-news/dog-d...0-1226008691111

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Breaking news Dog destroyed after biting cop's face From: AAP February 19, 2011 8:46PM Increase Text SizeDecrease Text SizePrint

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What are these?

A PIT bull terrier has been euthanased after biting a police officer on the face on the New South Wales south coast.

Police attended a house at Bomaderry, near Nowra, about 11am (AEDT) today in response to a domestic incident.

One of the officers approached the front gate of the premises and was attacked by one of three pit bull dogs.

He was bitten on the face, forcing him to retreat before the owner eventually secured his pets.

The officer was taken by ambulance hospital where he will undergo surgery.

A 25-year-old man was charged with owning an attacking dog and domestic-related offences, including assault and two counts of breaching an apprehended violence order (AVO.

The man was refused bail and is expected to appear at Nowra Local Court on tomorrow.

The dog was handed to the local council and destroyed.

..

Read more: http://www.news.com.au/breaking-news/dog-d...1#ixzz1ETLSVHwe

[Tralee]

Hell!

I plan to retire down near there.

Who is stupid enough to put their face in a dogs mouth?

Beggars belief.

Constable Plod and Detective No Clue again.

[Janba]

Hell!

I plan to retire down near there.

Who is stupid enough to put their face in a dogs mouth?

Beggars belief.

Constable Plod and Detective No Clue again.

;)

[geo]

Another bad news day for bull breeds.

I know I wouldn't enter a yard that had 3 pitbulls in it unless i was with a) a dog handler b) a tazer c) or at least without trying to let the owners contain them.

The story says approached the yard, so maybe the dog jumped over..?

I didn't know you could be charged with owning an attacking dog? what makes an attacking dog, one who's guarding territory? Perhaps I own attacking dogs... Unless the story refers to events after the fact.

These headlines scare the general public which sadly form public opinion and law makers minds, it's generally only decent dog owners that read between the lines.. That is once again, bogan owner, poorly trained dogs = accident waiting to happen

Poor officer I hope that he isn't scarred, i hope the other 2 dogs get a chance at a decent life with a decent owner.

[Janba]

Whether the policeman was dog savvy or not and whether it was a pitbull or not the police had the right to unimpeded access to the front door. It sound like only the offending dog was seized and the owner was in breach of other orders.

[twodoggies2001]

Hell!

I plan to retire down near there.

Who is stupid enough to put their face in a dogs mouth?

Beggars belief.

Constable Plod and Detective No Clue again.

Seriously, where was it written that the policeman put his face in the dog's mouth. The police were only doing their job and I assume so were the dogs defending their territory but nonetheless, the dog attacked. What were the police supposed to do, enter with their guns blazing? If they had gotten backup, you can bet all those dogs would have been killed.

[Tralee]

the police had the right to unimpeded access to the front door.

I don't believe that they do.

Work Cover will not cover workers who enter properties identified by them as Properties at Risk.

A property at risk, as defined by Work Cover, is a property that contains dogs.

In NSW, the Companion Animals Act 1998

16 Offences where dog attacks person or animal

(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:

(2) It is not an offence under this section if the incident occurred:

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or

(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or

© as a result of the dog acting in reasonable defence of a person or property, or

(d) in the course of lawful hunting, or

(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog.

Just being a Policeman doesn't give them the right to enter private property. They still have to be invited.

If they have a Court Order --- different.

Otherwise they need to observe all the other OH&S guidelines we all do.

I bet Mr Invincible thought his Super Hero cape would be enough.

[Janba]

This has nothing to do with the Companion Animal Act or workcover and I can't be bothered going to get my law books and looking it up at this time. Maybe someone like Jeff Jones will come on and illuminate us further.

the police had the right to unimpeded access to the front door.

I don't believe that they do.

Work Cover will not cover workers who enter properties identified by them as Properties at Risk.

A property at risk, as defined by Work Cover, is a property that contains dogs.

In NSW, the Companion Animals Act 1998

16 Offences where dog attacks person or animal

(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:

(2) It is not an offence under this section if the incident occurred:

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or

(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or

© as a result of the dog acting in reasonable defence of a person or property, or

(d) in the course of lawful hunting, or

(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog.

Just being a Policeman doesn't give them the right to enter private property. They still have to be invited.

If they have a Court Order --- different.

Otherwise they need to observe all the other OH&S guidelines we all do.

I bet Mr Invincible thought his Super Hero cape would be enough.

[poodlefan]

Hell!

I plan to retire down near there.

Who is stupid enough to put their face in a dogs mouth?

Beggars belief.

Constable Plod and Detective No Clue again.

Seriously, you think any dog bite to the face results from deliberately getting close to dog's mouth???

From the words of the story the cop didn't even make it THROUGH the front gate.

Dogs can jump you know.

A man is having facial surgery as a result of this attack and you have to put the boot in. Classy.

Edited February 19, 2011 by poodlefan

[Tralee]

This has nothing to do with the Companion Animal Act so there were no companion animals on the property or Workcover so the Officer was not at work ;) and I can't be bothered going to get my law books and looking it up at this time. I wish you would because we all need to be very clear about our responsibilities and how the law can be changed by a random post in a forum

Maybe someone like Jeff Jones will come on and illuminate us further.

Why?

No clarification is needed.

Without a warrant the Policeman is just other another Joe doing a job.

But even with a warrant, wouldn't they secure the premises if they thought that dogs were a hazard or a risk?

Edited February 19, 2011 by Tralee

[Zhou Xuanyao]

I'd be interested in finding out more of the details. The police do have a call to respond to, so I think these situations might often be tricky from the police's perspective as well. I wonder if they have any suggested procedures for a situation like this, and what the nature of those procedures are.

Ideally, people could allow access to the front door, or an intercom at the front gate, but that is not always the case. So when faced with a situation where there are large dogs between you and the front door, we make a choice, and the choice he made was likely to get him bitten.

[Tralee]

From the words of the story the cop didn't even make it THROUGH the front gate.

Dogs can jump you know.

Not quite.

From the words of the story: As one of the officers went to open the gate of the property he was bitten on the lower face by one of three pit bulls.

He began to breach the confines of the property.

Being a policeman is irrelevant.

People need permission to enter another persons property.

Since when has 'every man and his dog' had access to all areas.

Note to people entering properties with dogs.

Don't

[Tralee]

So when faced with a situation where there are large dogs between you and the front door, we make a choice, and the choice he made was likely to get him bitten.

But he was "weally, weally bwave."

[poodlefan]

So when faced with a situation where there are large dogs between you and the front door, we make a choice, and the choice he made was likely to get him bitten.

But he was "weally, weally bwave."

Or perhaps he was weally weally concerned for the welfare of someone in the house - this was a call to a domestic violence incident remember. And no, a policeman doesn't need owner permission to enter property in all circumstances.

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

9 Power to enter in emergencies

(1) A police officer may enter premises if the police officer believes on reasonable grounds that:

(a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or

(b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person.

(2) A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances.

Domestic violence call out - this guy had breached an AVO.. I think there were grounds to enter the property don't you?

Pays to check your facts before asserting that police have no more powers of entry than anyone else.

Edited February 19, 2011 by poodlefan

[minicooper]

I am no expert, but I believe that every house has to have a clear path to the front door (ie no dogs)

Of course police have the right to enter a property especially once a domestic violence report has been received.

What if an ambulance had been required? Should they wait for the domestic violence victim, or the perpetrator to restrain the dogs?

Keep the dogs in the back yard.

[Tralee]

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)Current version for 29 September 2010 to date

9 Power to enter in emergencies

(1) A police officer may enter premises if the police officer believes on reasonable grounds that:

(a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or

(b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person.

(2) A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances.

Domestic violence call out - this guy had breached an AVO.. I think there were grounds to enter the property don't you?

Pays to check your facts before asserting that police have no more powers of entry than anyone else.

Of course, except no mention is made of an emergency situation, or a domestic call out.

He might have breached the PAVO 3 days ago.

I suppose the Policeman jumped at the opportunity, just like the dog did.

The first thing I learned in doing CPR (Rescue) was to remove the DANGER.

[poodlefan]

Of course, except no mention is made of an emergency situation, or a domestic call out.

He might have breached the PAVO 3 days ago.[/color]

I suppose the Policeman jumped at the opportunity, just like the dog did.

No mention of a domestic call out? What's this then?

Police attended a house at Bomaderry, near Nowra, about 11am (AEDT) today in response to a domestic incident.

Tralee:

I suppose the Policeman jumped at the opportunity, just like the dog did.

The first thing I learned in doing CPR (Rescue) was to remove the DANGER.

You think completion of a first aid course makes you an expert in law enforcement responses? Riiiight.

Yeah, police just LOVE attending domestic violence incidents.. can't wait to get to them. NOT.

More legislation that is relevent (same Act as before)

82 Entry by invitation

(cf Crimes Act 1900, s 357F)

(1) A police officer who believes on reasonable grounds that a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, in any dwelling may, if invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling for any of the following purposes:

(a) to investigate whether a domestic violence offence has been committed,

(b) to take action to prevent the commission or further commission of a domestic violence offence.

(2) However, a police officer may not enter or remain in a dwelling merely because of any such invitation if:

(a) authority to so enter or remain is expressly refused by an occupier of the dwelling, and

(b) the police officer is not otherwise authorised (whether under this or any other Act or law or subsection (3)) to so enter or remain.

(3) A police officer may exercise a power to enter and remain in a dwelling if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so.

Someone called the cops remember. If the call came from within the house, the police had the power to enter the house without a warrant.

Edited February 19, 2011 by poodlefan

[Janba]

If he wa approaching the front gate as the police media report stated or opening the front gate as the other reports have said the he was still outside the property when the dog bit.

[Danois]

Tralee - you're off the money on 2 of your comments.

the police had the right to unimpeded access to the front door.

I don't believe that they do.

Work Cover will not cover workers who enter properties identified by them as Properties at Risk.

A property at risk, as defined by Work Cover, is a property that contains dogs.

What does WorkCover have to do with it? Workcover simply administers the OH&S/ Workers Comp laws and investigates breaches of workplace health and safety.

If you mean Workers Comp? In all my dealings with workers comp I have never come across the concept of 'properties at risk' and people not being covered.

Happy to be corrected if you can provide me a link to the basis to your comments.

He began to breach the confines of the property.

Being a policeman is irrelevant.

People need permission to enter another persons property.

Actually people do not need permission to enter another person's property (leaving aside the fact they were police acting in the course of their duties and responding to an AVO breach). You are allowed to walk up to a front door. It is only when you are asked to leave by the occupant of the house and you don't are you trespassing.

Of course - as PF has already pointed out, police have specified powers to enter property which the rest of the general public don't get the benefit of.

[Rileys mum]

Every person, including police have tacit consent to enter and approach the front door of a premises, unless asked to leave BUT if police are responding to an incident they may remain on the property to investigate the incident.....as fabulously described in the above posts by people who actually BOTHER to search the correct and appropriate legislation.

This officer is at work doing his job and get bitten by a savage dog but sure sure, it was the cops fault. Get a grip on some reality seriously.

I do hope you never require the services from police regarding a DV situation or other serious offence. I guess you would expect them to get to your propertys boundry and just stop. Oh no WAIT....if it was YOU then you would want them to come on your property without asking you first.......am i right.