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Case ID: 17927
Classification: Beating
Animal: dog (pit-bull)
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CONVICTED: Was justice served?

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Case #17927 Rating: 1.0 out of 5



Dog beaten
Buxton, Derbyshire, EN (UK)

Incident Date: Saturday, Feb 26, 2011

Disposition: Convicted

Defendant/Suspect: Simon James McArdle

A man who attacked a passer-by who tried to save a dog from cruelty has been banned from keeping animals for ten years.

David Marshall was walking through Buxton's Pavilion Gardens, on February 26, when he saw a man pinning a Staffordshire Bull Terrier to the ground. The dog, which appeared to be frozen in fear, was then elbowed three times by Simon James McArdle.

When challenged, McArdle told Mr Marshall it had nothing to do with him as he could do what he wanted.

While Mr Marshall was on the phone to police he saw the dog being held up in the air by its hind legs before it managed to run off, at speed.

John Cooper, prosecuting, said the complainant was then kicked three times and hit by the defendant.

McArdle, 34, of Macclesfield Road, Buxton, told police he had been bitten by the dog, which he had owned for three weeks, while trying to get it to release a goose it had caught. He also claimed he had been grabbed by the complainant but changed his story after hearing a recording of the call made to police.

High Peak magistrates were told another witness had come forward to say that she had seen McArdle in the park on a skateboard being pulled along by the dog, before he had fallen off. McArdle then repeatedly punched the dog.

McArdle admitted assaulting Mr Marshall and causing unnecessary suffering to the dog.

Magistrates prohibited McArdle from appealing to lift the ban for five years. He was given a 12 month community order with 12 months supervision and 100 hours' unpaid work.

He was ordered to pay £85 costs and £31.06 compensation to the RSPCA and £100 to Mr Marshall.

The dog has now been rehomed.

References

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