header-logo header-logo

30 November 2012 / Noël Sweeney
Issue: 7540 / Categories: Blogs
printer mail-detail

Biting back

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll