A Labrador which bit a four-year-old girl as she tried to prevent it "scuffling" with another dog escaped a death sentence yesterday.

Eleven-year-old Sam acted completely out of character when he nipped the girl on the thigh, solicitor Simon Berger told Harrogate magistrates.

Mr Berger was representing Sam's owner, Peter Martin, 64, who admitted that the dog had been out of control.

He was ordered to keep it under proper control.

Peter Scott, prosecuting, said that Sam had been on a communal lawn area outside flats in Dene Park, Bilton, Harrogate where its owner lived, and where the dog spent a lot of its time.

A man who was visiting the area was throwing an empty bottle for his own dog, watched by his grand-daughter. Sam joined in and the two dogs began to scuffle.

When the girl tried to keep them apart, she was bitten by Sam and needed hospital treatment for a puncture wound to her thigh.

Mr Berger handed the Bench letters from Mr Martin's neighbours, praising Sam for his usually good-natured approach to life.

Mr Berger said those who had seen the incident had not been happy at the way the owner of the other dog had rounded on Sam.

"He appears to have had seven bells knocked out of him and needed treatment from a vet," he said.