Boughton man given suspended sentence and disqualified from dog ownership at Nottingham Crown Court after Staffie dog with history of aggression attacked pregnant victim’s chihuaua

A man whose dog injured a pregnant woman, her mother and her pet has been given a suspended sentence and banned from owning dogs for a year.

Justin Mather, of Boughton, was sentenced to seven months in custody, suspended for 18 months and given a one-year disqualification from owning or caring for dogs by Recorder Sprawson at Nottingham Crown Court.

He was also ordered to pay £800 in vet fees to the victim, with a £500 initial payment within 28 days and £100 a month for the following three months, plus a victim surcharge.

Recorder Sprawson said: “It must have been terrifying for her.”

He explained that had the dog not already died, he would “almost certainly have ordered its destruction.”

He echoed the prosecution’s judgement that it was a “sustained attack against a vulnerable person”.

Mather admitted to his dog being dangerously out of control.

The court was told Mather’s Staffordshire bull terrier, Chez, escaped from his house when he was not at home, on September 16, 2020, and entered a public area where the victim was walking her chihuahua.

The Staffie ran towards the victim, followed by some of Mr Mather’s children, all under 16, who were at home at the time.

Mather’s dog jumped at the woman and bit the chihuahua before “chomping down”.

The victim, who was pregnant at the time, suffered cuts to her hand and bruising, and her mother, who came to help free the chihuahua from the Staffie, was bitten on her hand.

The woman had to have a tetanus jab, and her mother is reported to have mobility issues in her hand relating to the bite.

The chihuahua spent two days at the vets with injuries ranging in length from one centimetre to five centimetres.

Representing Mather, Mr Scothern said: “This dog wasn’t used as a weapon or to intimidate people.

“There is no evidence it has been trained to be aggressive.”

He also highlighted that since his guilty plea, there had been no further incidents. Mather had on occasion taken care of his mother and eldest son’s dogs with no issue, and had bought a lead and muzzle.

He argued disqualification would put both Mather’s mother and son in a difficult position.

The prosecution outlined Chez’s history of aggression, which he said was known to Mather as he had previously received two warnings, including in 2017 when it attacked another dog, causing significant injuries.

Recorder Sprawson said: “You failed to heed warnings in looking after Chez to insure the safety if the public. You left the dog at home with your children… they were not in the position, due to age and lack of maturity, to intervene.”

He considered the approach to dog ownership at best “overly relaxed” or “ambivalent”.

However, he believed Mather to be remorseful and and regret the offence and took note of the fact he had not argued for the return of Chez from police care, nor sought to own another dog since.

He suspended the sentence as to not “deprive [Mather’s children] of his support as a parent” and on the belief there was a reasonable prospect of rehabilitation based on Mather’s actions since the incident.

Mather was warned a breach of the disqualifation could result in a six month prison sentence, and failure to pay the costs a 14 day prison sentence.