11:25am Saturday 5th April 2008
A DOG owner who "brutally and sadistically" killed his pet has had his six-month jail sentence overturned.
Trevor Hind received the magistrates' court's maximum penalty for stabbing bull terrier Levi at his home.
But at an appeal at crown court yesterday, the sentence was quashed and replaced with a community penalty.
Hind was ordered to be supervised for 12 months by the Probation Service and to carry out 120 hours of unpaid work.
The 27-year-old's lifetime ban on keeping animals was also reduced to a five-year ban.
Three weeks ago, jobless Hind, from Darlington, was jailed by magistrates in Newton Aycliffe.
His appeal yesterday was upheld by Recorder Anton Lodge, sitting with two magistrates at Teesside Crown Court.
The appeal panel considered the original sentence too severe and accepted lawyer Robert Mochrie's argument that the dog was a danger.
Mr Mochrie said Levi had been displaying seriously aggressive tendencies and had recently bit Hind's partner on the arm.
On the evening of the killing, in April last year, Levi had "got the better" of Hind's other dog in a fight, the court heard.
Mr Mochrie said at the earlier hearing: "Perhaps he went about it in a completely bizarre and unforgivable manner, but there was some form of altruism involved - he was protecting himself and he was protecting his partner."
Kevin Campbell, prosecuting on behalf of the RSPCA, dismissed claims that Hind was acting in self-defence.
He said experts found that the dog was stabbed in the back and said Hind previously stopped it fighting by squeezing its testicles and was not frightened of it.
Mr Campbell said: "The mechanism of death was such that the knife had to go in by at least 8in."
Police found the dog's bleeding body and a blood-stained 9in knife at Hind's house in Melland Street.
Magistrates' chairman Brian Avery said that if the animal was deemed dangerous and had to be destroyed, it was the job of a vet and should never have been killed in such a violent manner.
He said: "It is a most brutal way of killing a dog and the only sentence we can impose is one of custody."
lolly, Darlington says...
5:57pm Sat 5 Apr 08
adrian edwards, says...
7:14pm Sat 5 Apr 08
merryn gibson, darlo says...
11:58pm Sat 5 Apr 08
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Jess, Durham says...
2:14pm Sat 5 Apr 08
The fact that he will be allowed to keep animals again is disgusting, however. There are other ways of dealing with dangerous dogs (and I wonder who made this one dangerous to start with!!), and if he can treat a living creature so cruelly once, he will do it again, but perhaps will more careful with the evidence next time.