Pair jailed for Carolina dog attack

By REBECCA WALSH

The owners of the dog that mauled 7-year-old Carolina Anderson will appeal against a two-month jail sentence handed out in the Auckland District Court yesterday.

Hairdressers Thomas Henry Owen, 55, and Brian Clarke Hill, 44, were released on bail pending an appeal to the High Court.

The men had admitted a joint charge under the Dog Control Act of owning a dog, Joey, that caused serious injury to Carolina.

The offence carries a maximum penalty of three months' imprisonment and a fine of $5000, or both.

The Bayfield School pupil had to undergo nearly 12 hours of surgery to repair the damage to her face after the attack at a Westmere park in January. She returned to school for the first time last week.

Last night Carolina's father, John Anderson, who sat through the sentencing, said the decision to appeal surprised and angered him.

He believed the sentence was adequate "in terms of an inadequate law", but said the family would be considering their legal options.

Judge James O'Donovan said Carolina had suffered horrendous injuries, some she might never recover from.

"The physical and emotional consequences do not bear thinking about."

It was difficult to think of a more serious case "at least in terms of the consequences", he said.

Judge O'Donovan said it was the defendants' responsibility to ensure the dog was on a lead, especially when there were young children nearby.

He had difficulty accepting the pair were genuinely remorseful immediately after the attack.

"The facts seem to me to indicate you were concerned for the consequences for the dog and yourselves if apprehended."

Judge O'Donovan gave the men credit for their early guilty plea and accepted they were "sincere" dog lovers, who cared well for their pets.

He acknowledged the men had the respect and affection of members of the community and had expressed remorse, "although this comes, in my view, somewhat late in the day".

He sentenced the pair to two months' imprisonment but refused leave to apply for home detention.

"This matter is too serious. Home detention would not serve the need to hold you accountable for your actions, denounce your conduct and deter others from this sort of offending."

He also ordered that the men pay reparation of $2000 each to assuage the emotional harm caused to the Andersons and help to restore some "semblance of quality of life" for Carolina.

Police prosecutor Sergeant Craig Kitto said the attack was one of the most serious of its type and called for the maximum sentence.

Aggravating factors included the fact that Owen had given a false name and phone number to a family friend of the Andersons immediately after the attack, Mr Kitto said.

The friend's business card, which had been given to Owen, was later found by police in a wheelie bin outside the men's house.

Owen had attempted to change his appearance by cutting and dyeing his hair. The pair had initially not shown any remorse.

Mr Kitto said Joey had been required to wear a muzzle for a year after a fatal attack on a cat in 2000. Despite that, Hill and Owen had let him run uncontrolled in the park.

The lawyer for the two men, Paul Wicks, said they were shocked and shaken by what had happened.

Owen regretted giving incorrect details and both men accepted it was "wrong and cowardly" not to have come forward.

Mr Wicks said the men suffered a sense of disbelief as Joey had never exhibited such behaviour around people. Instead of reacting rationally and reasonably, they had gone home and "pulled the shutters down".

"They accept it's no excuse ... If they could turn back the clock they would."

Mr Wicks said it was always the pair's intention to keep Joey on a lead and if they had seen the attack they would have intervened.

The claim that Owen had tried to change his appearance was not true as he regularly dyed his hair.

Mr Wicks said that while the attack had tragic consequences for Carolina, the offending was not within the most serious of cases. These would be cases where injury was caused by a dog trained to fight, or repeat offenders.

The court could be satisfied the men were not a danger to the community and had not set out to cause injury.

"You have two gentle, generous people who are community-minded."

The men, both sickness beneficiaries - Owen was on medication for hepatitis C and depression and Hill suffered mood disturbances and headaches after a neck fracture - had offered their savings of just over $4000 to the Andersons.

Mr Wicks said an appeal against the sentence had been lodged in the High Court. He expected it would be heard within the month.

Outside the court, Hill's brother described the sentence as outrageous but refused to comment further.

Owen and Hill sat closely in the dock throughout the sentencing. Hill's mother, brother and sisters were in the public gallery.

Tougher laws

* Following the mauling of Carolina Anderson and other dog attacks, the Government announced it would change dog laws.

* The Local Government Law Reform Bill (No 2) as drafted would specifically ban american pitbull terriers and add other breeds to a restricted list.

* At the select committee the Government plans to make a series of amendments including clarification of the right of dog rangers to enter private property.

* The new law would be passed by June at the earliest.