UK - Man arrested for growling at dog.
A JUDGE has quashed the conviction of a 19-year-old who was prosecuted for barking at a dog, saying "the law is not an ass".
Kyle Little won a crown court appeal against his conviction and £50 fine, plus £150 costs, for threatening behaviour under section five of the Public Order Act.
The case was reported in the Journal newspaper to have cost taxpayers £8,000, but the Crown Prosecution Service estimate was less than £500, while Northumbria Police said it was around £150.
Mr Little, of Newbiggin Hall, Newcastle, was arrested in the Chapel House area of the city on January 5.
He had just been warned by police officers who were called to reports of a group of youths who were abusive.
As Mr Little walked away, he spotted a Labrador in a garden and growled at it, causing the dog to become agitated.
He was arrested and convicted of "threatening, abusive or insulting words or behaviour, or disorderly behaviour". He was later convicted in his absence at Newcastle Magistrates' Court.
Mr Little appealed at Newcastle Crown Court, where Judge Beatrice Bolton yesterday said: "I'm sure an expert in Labradors would no doubt explain how distressed the dog was, but I don't think section five of the Public Order Act applies to dogs.
"I think growling or even barking at dogs does not amount to a section five offence even if a defendant has been told by the police to curb his language.
"Are you going to be convicted every time you do something someone else doesn't like?
"The law is not an ass."
A CPS spokeswoman said: "Whilst the behaviour that preceded the arrest would have justified a charge of disorderly behaviour, the CPS accepts that the incident for which Mr Little was arrested did not.
"The case was proved in the absence of Mr Little at the magistrates' court but our lawyer at the Crown Court decided that there was insufficient evidence to support the charge and the CPS did not oppose the appeal at the Crown Court."
She disputed the reported £8,000 costs, estimating them at a maximum of £500.
A Northumbria Police spokeswoman said: "We will be looking at what has happened and if a mistake has been made, we will learn from this."
After the hearing, Mr Little told the Journal: "I was out with my girlfriend and walked past a gate when two dogs came running up. "I gave a little growl and said 'woof, woof' - the next thing I knew, two police officers put my arms behind my back and handcuffed me."
The Sun
