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CRIMES (DOGS) AMENDMENT BILL 1993
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill
introduced into Parliament)
This Bill is cognate with the Dog (Amendment) Bill 1993.
The object of this Bill is to amend the Crimes Act 1900 to make it an offence for a
person who has the control of a dog:
(a) to maliciously do any act or omit to do any act which causes the dog to inflict
grievous bodily harm on another person (proposed section 35A (1)); or
(b) to maliciously do any act or omit to do any act which causes the dog to inflict
actual bodily harm on another person (proposed section 35A (2)).
A maximum penalty of 7 years' imprisonment is imposed in the case of the more
serious offence (proposed section 35A
and a maximum penalty of 5 years'
imprisonment is imposed for the other offence.
"Maliciously" as defined in section 5 of the Crimes Act 1900 means an act "done of
malice, whether against an individual or any corporate body or number of individuals, or
done without malice but with indifference to human life or suffering, or with intent to
injure some person or persons, or corporate body, in property or otherwise, and in any
such case without lawful cause or excuse . . .".
It will therefore be a defence to a prosecution under the proposed section if the
person who had control of the dog had a lawful excuse for his or her actions, e.g.
self-defence.
Consequential amendments are made to the Crimes Act 1900 to allow these offences
to be dealt with by a Magistrate in certain circumstances.
The Dog (Amendment) Bill 1993 (by proposed section 19A) will enable a Court, in
certain circumstances, to disqualify a person from owning a dog if the person has been
convicted of an offence under section 6 of the Dog Act 1966 or proposed section 35A of
the Crimes Act 1900 or an order under section 556A of that Act has been made in
respect of the person for any such offence.
That Bill (by proposed sections 9P and 9Q) will also enable a Court dealing with an
offence under proposed section 35A of the Crimes Act 1900 to order the destruction of
the dog concerned if the person charged with the offence is convicted or an order under
section 556A of that Act is made in respect of that person for such an offence.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.
Clause 3 is a formal provision which gives effect to the Schedule of amendments
described above.