Court rules on destruction order for dangerously out of control dog

Amy Derber appeared before the courts in April last year after her German shepherd guard dog bit a vet dropping off medication at her horse yard.

But she appeared back in court recently after it transpired that this was the second incident involving her dog injuring someone.

The dog injured another person that same month, weeks before Derber was sentenced over the first incident which occurred in November 2023.

Liverpool Magistrates’ Court heard how Derber admitted two charges of being the owner in charge of a dangerously out of control dog, with one of the charges reflecting that injury was caused.

They relate to an incident which occurred at the 35-year-old’s home, on Warrington Road near Bold Heath, on April 6 last year, explained Neve Flynn, prosecuting.

Magistrates heard of her last dangerous dog conviction, which post-dated this incident as it was imposed by the same court on April 26.

An animal doctor suffered a puncture wound and bruise to her right leg after the German Shepherd jumped up and pinned her against her car as she got out.

Derber rushed out and got the dog under control and took it inside, the court heard, and she told police that she kept the dog in the barn and only released it in the evening to protect horses in the field.

“The dog is normally kept in the stable. It is not a pet – it is a deterrence dog which makes a loud noise when there are trespassers,” Mr Smith told the court at the time.

He said that there had been a number of trespass incidents which was why she had the dog.

“It is ironic that it barked at intruders and never attacked them. She deeply regrets that this incident happened,” he added.

Before sentencing on that occasion, magistrates said that they were satisfied that the defendant is a ‘fit and proper person to have control of the animal’ and that it ‘does not constitute a risk to public safety’.

They imposed a contingency destruction order, meaning that the dog must be muzzled and kept on a lead and kept inside when visitors attend.

The court also fined Derber £500 and ordered her to pay £150 compensation and £320 costs.

For the incident on April 6, magistrates ordered her to pay a fine of £440, court costs of £85 and a victim surcharge of £176.

A contingent destruction order was again opted for instead of a full destruction order, which was deemed ‘not necessary’.

It was noted that Derber is a ‘fit and proper person’ and had taken steps to improve safety, including warning signs being installed, a fence put around the property and an electric gate installed for visitors.

It was said that magistrates were satisfied the dog was not a danger to public safety, and that there have been no further incidents since April.

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