He did not do so and was yesterday given the opportunity to make a verbal submission. "All I ask is that you don't put him down. I will accept any other punishment, just not that," he said.
Mr Best said a conviction under the Dog Control Act required the destruction of any dog involved in an attack, unless there were "exceptional circumstances".
These included the nature of the attack, the dog's attack history, the owner's history, and steps taken to prevent an attack.
Mr Best highlighted the dog's previous attack history.
Rumble attacked another dog in June 2013 and Borell was fined $200. After this attack, Rumble was classified as a menacing dog and was not allowed to be in a public place without being muzzled.
In September 2013, Tauranga City Council staff found Rumble roaming and impounded him.
In August 2014, Rumble attacked a person.
"There is nothing covered in the trial or that I have come across in the meantime that indicates the circumstances of the offending were exceptional," Mr Best said.
"We're talking here of an unprovoked attack causing injury to a young girl and small dog that was only stopped when a relative assisted the victim.
"The dog was at large and not wearing a muzzle as required. There are previous occasions when Rumble could well have been put down."
Borell was ordered to pay reparation of $217 to cover the victim's medical and vet bills and $300 to the victim in emotional harm reparation in lieu of a fine. Rumble would be put down as soon as possible.
