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Rob2529



Member Since: 22 Nov 2010
Location: Wirral, uk
Posts: 1470

United Kingdom 2004 Range Rover Vogue 4.4 V8 Oslo Blue

Seepee wrote:
I'm really sorry to hear about this sad incident.
Although not a farmer I live on a working upland sheep farm and have dogs myself so know a little about what's right and what isn't as we get a lot of visitors here with dogs some of which are out of control.
Main thing is the farmer can only legally shoot a dog which is actually worrying sheep BUT proving that it wasn't will be almost impossible after the event without independant witnesses.
The farmer has to report it to the police within 48 hours do you know if she reported it to the police?
The risk of trying to take action against the farmer now is that almost certainly he would submit a counter claim against her for sheep worrying which is a criminal offence.
The other issue is use of the firearm,normally if a dog really was attacking a flock a rifle would be used and if a shotgun is used it must be done at very close range to avoid suffering which is what seems to have happened here being shot at long range and inflicting those horrendous injuries,once again she has serious grounds to make a complaint BUT it would risk a counter claim from the farmer.
If it helps dogs do not have to be on leads on a public footpath going through an enclosed field with livestock in it BUT if not they must be under close control actually on the footpath and they don't actually have to be attacking the sheep just worrying i.e. chasing them and causing fear.
Hope this helps and really hope her dog makes a full recovery.

This makes alot of scence. Do you mean the farmer has to report the shooting to the police or the owner? As far as I'm aware she hasn't reported it to the police as she was trying to sort out the dog and didn't think it would help.

Post #59790 11th Apr 2011 12:34pm
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nick h



Member Since: 26 Jan 2011
Location: notts
Posts: 782

2005 Range Rover Vogue 4.4 V8 Tonga Green

Seepee wrote:
I completely agree but even if a dog is sheep worrying it should be despatched humanely not shot at long range with a shotgun,if that is what happened.

regarding signs it's very difficult to have signage everywhere on a large farm covered in public footpaths,we have signs at the moment at every public entrance point now insisting on 2 metre leads on all dogs due to lambs and ground nesting birds for the next 3 months.
I run a syndicated fishery and had some signs made up which I put on gates at both ends of the fishery,on average they were ripped down in less than a week by people who objected to me asking them to keep their dogs either on a lead or under full control i.e. away from anglers baits and hooks and out of the water which was private property.
I received a written complaint from the Parish Council who had a woman complaining to them after it had eaten a baited hook which cost her hundreds of ponds to remove surgically,I had to point out that it was her responsibility to keep her dog on the footpath well away from the riverbank and the anglers.


and again therein lies the problem - we are only getting 'third hand' evidence?

as Vogue said - no farmer/landowner will randomly shoot a dog/cat - there is more to this than we have been told!

also there are not as far as i'm aware any legal requirements as to the firearm to be used on dogs worrying livestock?

as for the poster who said use a rifle - you are obviously not an FAC holder

Post #59796 11th Apr 2011 1:04pm
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Rob2529



Member Since: 22 Nov 2010
Location: Wirral, uk
Posts: 1470

United Kingdom 2004 Range Rover Vogue 4.4 V8 Oslo Blue

Again I'm posting here just for info not to point fingers. I wasn't there so like has already been said I cannot have 100% of answers or facts but post in good faith in what I've been told. Granted it may not have been a farmer but a random scrote but surely this is far worse! The owner of the dog knows a farmer is within his rights to shoot a dog causing trouble.

Post #59802 11th Apr 2011 1:36pm
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Seepee



Member Since: 17 Apr 2007
Location: Derbyshire Dales
Posts: 100

United Kingdom 

The farmer does have a legal responsibility to report shooting the dog to the police but clearly he may not have done this given the circumstances.What I was trying to explain if he hasn't by reporting it herself she may lay herself open to criminal charges for allowing to have her dog out of control if he makes a counter claim and without witnesses he might get the benefit of the doubt.

It was me who commented on the gun used, no I don't have either a FL or a shotgun licence and have no experience of either but am really surprised that anyone would shoot anything at long range with a shotgun and inflict those injuries even if they did think the dog posed a risk to any livestock in the vicinity that weren't apparent to the elderly lady.
Is it not an offence to shoot anything close to a public footpath and therefore human lives at risk?

Rob,just seen your last comment,he can only legally shoot it if it was actually worrying his livestock NOT if it was just off the lead in his field and it was Censored him off.
Maybe he had been up all night and had already lost some we don't know the facts unfortunately. Banished back to RRS for the moment !!!

Post #59804 11th Apr 2011 1:45pm
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nick h



Member Since: 26 Jan 2011
Location: notts
Posts: 782

2005 Range Rover Vogue 4.4 V8 Tonga Green

Seepee wrote:
The farmer does have a legal responsibility to report shooting the dog to the police but clearly he may not have done this given the circumstances.What I was trying to explain if he hasn't by reporting it herself she may lay herself open to criminal charges for allowing to have her dog out of control if he makes a counter claim and without witnesses he might get the benefit of the doubt.

It was me who commented on the gun used, no I don't have either a FL or a shotgun licence and have no experience of either but am really surprised that anyone would shoot anything at long range with a shotgun and inflict those injuries even if they did think the dog posed a risk to any livestock in the vicinity that weren't apparent to the elderly lady.
Is it not an offence to shoot anything close to a public footpath and therefore human lives at risk?

Rob,just seen your last comment,he can only legally shoot it if it was actually worrying his livestock NOT if it was just off the lead in his field and it was Censored him off.
Maybe he had been up all night and had already lost some we don't know the facts unfortunately.


your right in some respects - distance from footpaths/roads is coverd by legislation

as to the 'range' - as you say that surprises me and makes me question the whole event

as to injuring/wounding - i don't have my books to hand but as i recall an offence is committed if a person 'deliberately causes or knows to cause an injury' - so the legislation is worded so as to not make shooters liable for wounding a 'bird/animal'

the intent in shooting/stalking is to KILL not to wound/inflict injury

i suggest the op goes to the BASC site and asks his/her questions - they will certainly give an unbiased legal opinion

Post #59811 11th Apr 2011 2:09pm
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Vogue



Member Since: 31 Jan 2008
Location: on the hill
Posts: 3805

United Kingdom 

none of us were there so it is impossible to draw an unbiased view as to whether shooting the dog was right or wrong. However, I just don't get why a farmer would shoot a dog without good reason though.

The sad fact is, if the dog had been on a lead and under control this wouldn't have happened.

Let it be a lesson to all of us, I own several dogs - both working and pets - and I too am guilty of not putting a dog on a lead when perhaps I should!

Post #59812 11th Apr 2011 2:14pm
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Seepee



Member Since: 17 Apr 2007
Location: Derbyshire Dales
Posts: 100

United Kingdom 

I've just done a bit more research as I find this quite interesting as it could easily happen to me if (when)my GSP gets out,apparently I wasn't correct,the farmer doesn't actually have any legal "right" to shoot a dog but if charged with Criminal Damage he can use the fact that is WAS actually worrying sheep as a defence BUT the interesting thing is he would would have to prove it not the other way around !
There's lots of articles on Google under "farmer shoots dog" with helpful advice from several sources such as the Shooting Times etc.
Also there is little chance that anyone would have their licence endorsed to shoot a dog so most advise getting a police marksman to do the deed or a vet with a dart gun but that needs an independant witness.
So not as clear cut as it may sound legally . Banished back to RRS for the moment !!!

Post #59814 11th Apr 2011 2:20pm
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letsavit2



Member Since: 16 Oct 2010
Location: essex
Posts: 854

United Kingdom 2004 Range Rover Vogue Td6 Java Black

What else is there to know? old lady walking her dog and some pr**k shoots it, hopefully she has a son that will go give him a kicking. 2004 black Vogue TD6

Post #59823 11th Apr 2011 3:29pm
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Rob2529



Member Since: 22 Nov 2010
Location: Wirral, uk
Posts: 1470

United Kingdom 2004 Range Rover Vogue 4.4 V8 Oslo Blue

Seepee wrote:
I've just done a bit more research as I find this quite interesting as it could easily happen to me if (when)my GSP gets out,apparently I wasn't correct,the farmer doesn't actually have any legal "right" to shoot a dog but if charged with Criminal Damage he can use the fact that is WAS actually worrying sheep as a defence BUT the interesting thing is he would would have to prove it not the other way around !
There's lots of articles on Google under "farmer shoots dog" with helpful advice from several sources such as the Shooting Times etc.
Also there is little chance that anyone would have their licence endorsed to shoot a dog so most advise getting a police marksman to do the deed or a vet with a dart gun but that needs an independant witness.
So not as clear cut as it may sound legally .

So in summery:
A farmer can't just shoot a dog, if he does he has to inform the plod. He can then be charged with criminal damage. It's then upto the farmer to prove the dog was endangering his livestock? If this is correct then there could be a case to answer. If this is correct could you post the links to back this up.

Post #59836 11th Apr 2011 4:03pm
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Seepee



Member Since: 17 Apr 2007
Location: Derbyshire Dales
Posts: 100

United Kingdom 

Believe me there are times when I wish I had a gun but would shoot the owners and re-habilitate the dog Laughing
We had a bunch of guys who came from Wath on Dearne last year,got of the bus mid morning on a Sunday already pi Censored ed having been drinking lager on the journey,they jumped over my fence with a large white terrier which promptly ran a flock of sheep all over the field and they never even batted an eyelid.
The NT warden followed them while I chucked another group off who had a tiny toddler in tow,they threatened me with a knife so I got an immediate police response.
The one who threatened my got away in a car before they arrived so we got them to question the Wath group but despite there being 2 credible witnesses they were let off without even a caution.
Both groups were picking magic mushrooms which are now classified as Class A.

Yes Rob it looks that way,there are loads of threads,just Google "farmer shoots dog" theres one thread which is almost identical to your lady's experience.
This is one of them:
http://www.shootingtimes.co.uk/sportingans...sheep.html
and similar on the other foot:
http://www.shootingtimes.co.uk/sportingans...imals.html Banished back to RRS for the moment !!!

Post #59839 11th Apr 2011 4:07pm
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