Shooting dog on farmland

[01samuelr]

I don't want to post this in the pets section as will probably get emotional answers where i need an non bias opinion. Im devastated about the killing of my dog so will try not to get emotional in this post. All i want is to know if the shooting was lawful.

Right quick version is. We live in the middle of farmland and have fields with livestock kept on them around the house. My dog goes onto the farmers land and starts worrying the livestock. The dog notices the farmer so stops worrying the livestock and starts running home. The dog has traveled around 15-20meters and this is when the farmer shoots and kills my dog.

What are the legality of shooting a dog? I have informed the police who have checked the licence and legality of the firearm this is ok. As far as i can tell with regards to the law, the shooting of my property means that i am entitled to compensation because I believe that my dog had stopped worrying the sheep and posed no threat to his livestock as it was running home.

The farmers story doesent quite add up so this is why im asking about the legality of the shooting.

[01samuelr]

JustinP1 said:

I've not looked at the Animals Act for years but it should be on the net to look at in detail if you wish, as it's relevant here.

However, IIRC to provide a defence the landowner must believe that their actions were the only reasonable method of preventing the dog worrying their livestock. Also IIRC, the belief of the landowner hold sway, so if he were to claim in the circumstances that the situation presented himself to have the genuine belief he needed to act, this is a defence.

That will of course come down to the facts, which sadly, would be your word against his. There's also the matter where if I remember correctly you could be prosecuted for allowing your dog to be out of control on farmland with animals.

Edited by JustinP1 on Friday 1st May 01:04

Shooting dogs found worrying livestock

Shooting a dog is permissible but potentially risky. You can shoot a dog if:

the dog is worrying, or is about to worry, the livestock and shooting it is the only way to stop it; or
the dog has been worrying livestock, has not left the vicinity, and is not under anyone’s control and there are no practical means of establishing who owns it.

Its the last bit that has been bugging me. The dog was leaving the vicinity and the farmer knows its my dog.

[01samuelr]

PurpleMoonlight said:

That is a very specific description of events.

Did you or someone else witness it or is that as the farmer described it?

Was this the first livestock worrying incident?

This is what the farmer said happened. It was not the first incident but from reading up it seems that you are not alowed to shoot a dog when it is no longer a threat on the pretence that it would come back.

Having slept on it a few things don't add up. His story of the dog running home then shooting it. When i went to retrieve my dog he said you might want to go get a car as she is heavy but I carried my dog home and she was heavy. Also the dog was killed with one shot and died instantly but on retrieving the dog you would expect her to be facing my house as she was running away to the left but she was facing his house to the right. Plus my father heard the gunshot and said it sounded a lot closer than where we found her. All of this leads me to believe that she was not killed where he said she was and was moved to the position we found her to make it look like he had a reason to shoot her.

[01samuelr]

TwigtheWonderkid said:

I have no idea of the legalities, being a cat owning city dweller, but if it's revenge you're after, the local press, twitter and facebook love a good dog murdering story.

There will be lots of animal lovers locally who will be furious, even if he was within his rights, and life could become quite unpleasant for him if you advertise what has happened.

I'm not even saying that's the right thing to do, but it's a route that's open to you should you choose it.

This is why I didn't post it in the pets section. My dog is dead, nothing i do will change that. If what the farmer has done is 100% legal and by the book then I can accept that and will hold no grudge on him. But if it was not 100% to the law then I will make his life as awkward as possible and thats why i started this thread

[01samuelr]

I have lived at the property for 24 years and my grandfather was a farmer so completely understand the need to protect ones source of income.

As i have said previously. If the actions taken by the farmer were 100% legal then I have no grievance with the farmer, and take full responsibility of the actions that my dog had on his livelihood and have done in the past by covering the vetinary fees and compensating the farmer for the loss of his stock.

All i wanted, was to make sure that what was done was 10/10 legal, which it seems that it is. If it wasn't then I like every other person would want compensation for the unnecessary loss of a family pet

[01samuelr]

superlightr said:

So what dog was it? What animals was it worrying?

The breed was a patterdale terrier and the livestock were sheep

[01samuelr]

btcc123 said:

So you have admitted that your dog has killed the farmers livestock before.I wonder how many times.

If I was the farmer I would be fed up with your dog killing my animals and you giving me some money and thinking everything is alright.

The farmer is legally 100% correct in his actions shooting your dog.It looks to me that you are the one responsible for your dogs death by not looking after it properly.

One sheep had a fractured leg. No evidence that it was my dog that did it but but I payed the vet fees to keep thing amicable between us as we have been neighbours for 24 years. For saying that i do not look after my dogs properly you can fk right off. Im no city boy that thinks my dogs can do what they like. Unfortunately the dog escaped of its tether without us realising. My other 2 spaniels are completely obedient and have never left the boundries of my property.

[01samuelr]

heebeegeetee said:

I'm genuinely sorry for your loss but -

Should you not be worrying more about the legality of your actions? You've placed the farmer in an impossible situation and I'm sure nobody likes shooting dogs.

Should you not be checking to see whether everything you did was 100% correct, and if not, should you not automatically be seeking to compensate the farmer for the distress and anger he would have suffered by being placed in a situation of having to defend his stock by shooting a dog.

I'm sure he didn't ask to be placed in that position, and I'm sure for him it's made worse by knowing it's a neighbour's dog that is doing the worrying and which he has to shoot.

Im sure that he took no pleasure in shooting my dog. I also know what my responsibilitys are to compensate him as unfortunately we have been there before

[01samuelr]

Op here. To finalise this thread. RSPCA state an unlawful killing of the dog. Having spoke to the farmer he acknowledges this and has apologised. So i have dropped all actions against him and have apologised for the actions of my dog to keep things amicable between us as we have other dogs (spaniels that dont give a st about the sheep).