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Biting back

30 November 2012 / Noël Sweeney
Issue: 7540 / Categories: Blogs
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Noël Sweeney identifies the complexities of identifying dogs

Identification evidence is the weakest form of evidence that exists. As a result of R v Turnbull [1977] QB 224, [1976] 3 All ER 549, a judge has a duty to warn a jury of the dangers of relying on identification. The dangers apply equally to civil and criminal cases. However, it is neither fair nor just to limit the protection of the law to a human. The dangers in identifying animals, be it a poodle or a pit bull, are akin to those of identifying humans rather than inanimate objects. There is no reason why a court should not apply Turnbull to animals and every reason why it should do so. For if a man is wrongly identified it can be corrected on appeal as a miscarriage of justice. If a dog is wrongly identified, no appeal could reverse destiny if his sentence is death.

Primary legislation

Although the primary legislation concerned with dangerous dogs is the Dangerous Dogs Act 1991 (DDA 1991), the Dogs Act

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Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

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Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

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One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
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Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
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