The dog bit two women and has since been euthanised, the court heard
A dog that was dangerously out of control suddenly bit two women – leaving them shocked and terrified – during two separate nasty attacks in the space of just a couple of months. The owner, Thomas Finlay, did “nothing” after the first incident to control the dog in future and he “put members of the public in danger” by failing to muzzle the dog and put it on a lead.
The dog was “running amok and scaring people” and one woman was bitten on her hand and the other was bitten on her wrist, causing injuries, Hull Crown Court heard. Ex-soldier Finlay, 56, of Gleneagles Park, east Hull, admitted two offences of being the owner of a brown mixed-breed dog that was dangerously out of control on February 11 and April 11.
Stephen Welch, prosecuting, said that a woman heard two girls screaming in Holderness Road, east Hull, between 8 and 9pm. Finlay was lying face down on the pavement and he had a bottle of whisky with him.
The woman asked him if he was all right but the dog responded to this by biting her on the hand – which she saw as a warning bite. She shouted robustly at Finlay and told him that the dog had bitten her and that he needed to get up and take control of it.
Finlay was stumbling and falling around as he tried to get to his feet. The woman suffered a 1cm cut that bled. She later said that she was only trying to help Finlay and she did not blame the dog.
On April 16, a woman was walking home in Dunvegan Road, east Hull, when Finlay again had the dog, which was off the lead and not muzzled. She checked with Finlay that the dog was not dangerous and reached out to it – but it bit her wrist, leaving bite marks on both sides.
Her cardigan was ripped. She was prescribed antibiotics. She saw Finlay a week later and the dog still was not on a lead. The biting incident was a “huge shock” to her and knocked her confidence, even with her own dog. She was frightened and blamed Finlay for what happened. “The dog has already been destroyed by the police on a vet’s recommendation,” said Mr Welch.
Finlay had convictions for 119 previous offences, mainly for dishonesty, driving offences and breaches of court orders. He had been jailed for two years in October 1992 for robbery. He was also jailed in February 2018 for offences including possessing heroin and cocaine with intent to supply.
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Michael Masson, mitigating, said that Finlay pleaded guilty. He was unemployed and suffering from serious health problems. “The biggest consequence of these incidents is that the defendant’s friend and companion has been destroyed,” said Mr Masson.
“The dog has already been destroyed prior to any order being made by this court. He received a letter indicating that the vets were concerned that the dog wasn’t adjusting well and coping well in their care, having been seized, and they recommended euthanisation.
“When he attended to deal with it, the dog had already been euthanised. He relied heavily on the comfort that dog could provide. He loved that dog dearly. He has lost his dog.” The court heard that Finlay was an ex-soldier, who had served for nine years.
Recorder Geraldine Kelly KC told Finlay: “You failed to keep your dog under control when it was dangerously out of control and, in failing to keep your dog under control, it bit two people. You put members of the public in danger and, ultimately, you let your dog down because the dog had to be put down.
“That was a situation that could have been entirely avoided.” Recorder Kelly said of the first incident: “You were so drunk and under the influence of cannabis that you weren’t aware that it was running amok and scaring people. You weren’t capable of controlling it.”
Finlay did “nothing” after that attack to control the dog properly in future. The second incident must have been “terrifying” because nasty bite marks were caused to both sides of the victim’s wrist and her cardigan was ripped.
“She blames you because you were to blame,” said Recorder Kelly. “There was a lack of safety measures employed by you for the dog.”
Finlay was given a one-year suspended prison sentence, 10 days’ rehabilitation and he was fined £150. He was ordered to pay £75 compensation to the first victim and £100 to the second. He was banned from having a dog for three years.
“It is now illegal for you to have custody of a dog,” said Recorder Kelly. “You may not apply for the order to be removed until at least a year has passed.”