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30 November 2012 / Noël Sweeney
Issue: 7540 / Categories: Blogs
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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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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