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Judge quashes teen's conviction for growling at a dog
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27 April 2007
But two police officers who witnessed the incident had other ideas - and arrested the 19-year-old for committing a public order offence.
Little was subsequently charged and convicted at magistrates court of causing harassment, alarm or distress. He was fined £50 and ordered to pay £150 costs.
Unfortunately for the taxpayer, the bizarre case of the barking man didn't end there.
The case went to appeal - at an estimated cost of £8,000 - and ended up before a judge at Newcastle Crown Court.
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Mutts Ruby and Princess with owner's son Karan Vedhara
Judge Beatrice Bolton quashed the conviction and rebuked the prosecuting authorities, saying: "The law is not an ass".
She added: "I'm sure an expert on labradors could no doubt explain how distressed the dogs were, but I don't think Section Five of the Public Order Act applies to dogs".
The court heard how Little had been told off by police officers on patrol in Newcastle last August for swearing at them.
He then turned his attention to labradors Princess and Ruby, which were in their owner's nearby garden.
The judge said: "I think growling or barking at a dog does not amount to a section five offence, even if a defendant has been told by the police to curb his language"
"He did curb his language and spoke to the dogs rather than continuing to swear at the police".
Stuart Graham, prosecuting, said the dogs' owner made no complaint about Little's behaviour, but the officers decided his growling caused her "distress" and arrested him for a criminal offence.
The officers' statements were that the householder was distressed at someone growling at the dog,' he said. Little, from Newcastle, said outside court that he had seen the dogs leaping up on railings.
"They were both barking their heads off and so I did a daft little growl and went woof woof at them".
"The next thing I knew I had been grabbed by the two police officers who bent my arms up behind my back and handcuffed me. They threw me into a van and whisked me off to the police station where they threw me into a cell for about five hours".
Dog owner Sunita Vedhara said: "He was messing about being a daft young lad". "We didn't want to see him prosecuted, but the police came and said he was being taken to court, which we found surprising. The dogs weren't really upset by it at all".
Newcastle North MP Doug Henderson said: "People want to see the efforts of the police and Crown Prosecution Service concentrated on real criminals and real crime".
Northumberland Police said: "We will be looking at what has happened and if a mistake has been made we will learn from this".
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