Victorian Current Acts

CRIMES ACT 1958 - SECT 319B

    (1)     If—

        (a)     an owner of a dangerous dog, menacing dog or restricted breed dog fails to keep the dog under control; and

        (b)     the dog kills another person (the  victim ); and

        (c)     a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—

the owner is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

    (2)     If—

        (a)     a person (other than the owner of a dangerous dog, menacing dog or restricted breed dog)—

              (i)     is, for the time being, in charge or has care of the dog; and

              (ii)     fails to keep the dog under control; and

              (iii)     is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and

        (b)     the dog kills another person (the  victim ); and

        (c)     a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—

the first mentioned person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

S. 319C inserted by No. 55/2011 s. 3.