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Causing a Dog to Inflict Harm is an offence under Section 35A of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Actual bodily harm’ is that which is more than ‘transient or trifling’ it includes lasting scratches, abrasions and bruises.
The penalty increases to 10 years in prison where ‘grievous bodily harm’ is caused which is ‘very serious harm’ that includes, but is not limited to:
Defences to the charge include:
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