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Ayen Chen - Dog Owner Fined


Sheridan
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http://www.abc.net.au/news/2012-07-30/man-fined-over-fatal-dog-attack/4163046

A Melbourne man has been fined $11,000 over the death of a four-year-old girl who was attacked by a pit bull terrier last year.

Lazor Josevski, 58, of St Albans, pleaded guilty to four charges over the death of Ayen Chol, 4, who was attacked and killed inside her own home by a neighbour's pit bull terrier.

The dog, which had no previous history of being violent, escaped from the backyard of Josevski's home when the roller door on his garage failed to close.

The animal attacked three people outside the house and was beaten off with a handbag. But it followed a young child inside and mauled Ayen Chol as she grabbed her mother's legs.

Josevski pleaded guilty to charges of owning a dog that attacked and killed a person, two counts of owning a dog that caused serious injury and owning an unregistered dog.

It was the first time Josevski has appeared in court to face the family. He was minding the dog for his son, who was overseas.

The magistrate said it was an example of how a relatively minor breach of the law can have enormous consequences.

He said the tragedy was beyond imagination and the family's pain was vivid.

The magistrate accepted Josevski's remorse.

Josevski was fined $4,000 for the death of the child, $6,000 for the two charges of causing injury and $1,000 for having an unregistered dog.

In a victim impact statement read to the court, the child's mother Jacklin Ancatto, described the terrifying attack.

She said the dog bit the little girl's face and dragged her away refusing to release the child despite being hit and kicked.

"Witnessing my daughter being killed by this dog was the worst thing that ever happened to me," she told the court in a statement.

Her father Mawien Chol Monjang told the court in his witness statement that he had never even heard of a child being mauled by a dog before.

Josevski's lawyer, Rob Stary told the court his client had written a letter of apology to the family before he was charged in which he expressed his sadness and regret over what he called a "horrendous" situation.

Under the Domestic Animals Act which was in place at the time of the death, Josevski can only be fined.

The law was changed in the wake of the death but was not made retrospective.

Now the maximum penalty for owning a dog that causes death is six months in prison.

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They couldn't, under the laws in place at the time. I also wonder if he was perhaps not a suitable or even a willing carer for a large strong dog, just convenient for his son who was the actual owner. No way to tell without the details that will never make it into press, but it sure seems that there was a lot of irresponsibility and/or ignorance going on there. What a horrible set of circumstances, and most horrible of all for people who didn't have anything to do with making the decisions about this dog's care and containment, the Chol family. Remorse and a fine seem so very, very inadequate.

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Just now this second, reading this thread, I heard the news report on the radio in the background.

They described the dog as a bull mastiff. The word 'pit' wasn't mentioned. There is quite literally an enormous difference between pitbull and bull mastiff.

My heart goes out to the Chol family, but I'd love to see something like 'Ayen's Law', which uses animal management strategies based on proven behaviour and owner responsibility to reduce the risk to children from dogs. Here's hoping.

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They couldn't, under the laws in place at the time. I also wonder if he was perhaps not a suitable or even a willing carer for a large strong dog, just convenient for his son who was the actual owner. No way to tell without the details that will never make it into press, but it sure seems that there was a lot of irresponsibility and/or ignorance going on there. What a horrible set of circumstances, and most horrible of all for people who didn't have anything to do with making the decisions about this dog's care and containment, the Chol family. Remorse and a fine seem so very, very inadequate.

I think you touch on the real issue. My bet is that this dog was a backyard dog, probably very rarely(if ever) excercised, probably never socialised. This is where the politicians should be looking rather than focussing on breed. If every owner was forced to prove they had attended certified training/socialisation and be required to pass a dog ownership license test, these incidents would be massively reduced. Unfortunatley our politicians are populatist and not really interested in real solutions. Very sad for all concerned, especially those family pets that are well trained and socialised now getting PTS for no reason, other than the way they look.

Edited by mymatejack
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Yes they still haven't shown the dog, and different people keep referring to different breeds...complete joke.

A fine isn't enough, jail would go further towards warning people what they could face if they have a dog that does something like this.

From different stories I've read it sounds like the dog was kept pretty tough and I dare say not socialized or cared for properly. The whole thing is just tragic.

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I feel so sorry for everyone involved in this. Ayen, her parents, her family. I feel sorry for the owner because of a couple of things he did wrong that caused this horrible event. Nobody wants their dog to do this, it is such a shame it happened. Jail is not going to fix this, he apologised to the family and they accepted.

Rest In Peace Ayen.

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They couldn't, under the laws in place at the time. I also wonder if he was perhaps not a suitable or even a willing carer for a large strong dog, just convenient for his son who was the actual owner. No way to tell without the details that will never make it into press, but it sure seems that there was a lot of irresponsibility and/or ignorance going on there. What a horrible set of circumstances, and most horrible of all for people who didn't have anything to do with making the decisions about this dog's care and containment, the Chol family. Remorse and a fine seem so very, very inadequate.

I think you touch on the real issue. My bet is that this dog was a backyard dog, probably very rarely(if ever) excercised, probably never socialised. This is where the politicians should be looking rather than focussing on breed. If every owner was forced to prove they had attended certified training/socialisation and be required to pass a dog ownership license test, these incidents would be massively reduced. Unfortunatley our politicians are populatist and not really interested in real solutions. Very sad for all concerned, especially those family pets that are well trained and socialised now getting PTS for no reason, other than the way they look.

What the politicians are looking at is getting rid of crap dogs that don't need specialised raising/training/socialising to keep the community safe. Aggression isn't the default behaviour of good stable dogs who are poorly raised and managed, active aggression is in the genetics of the dog often masked by socialisation and training are the dogs who suddenly bite someone which seems out of character where in fact it's not and the same dog's default behaviour is aggression in it's raw form. A good stable dog has enough brain clarity to determine what's a threat and what's not and adjust accordingly to passive and voilitile environments, clearly it seems that not enough people have experienced good dogs to know the difference?

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That poor little girl and all that witnessed it, can you imagine the fear and the agony of dying that way? Horrific.

There needs to be a lot more control over dog ownership and breeding, no pet shops, no back yard breeding, no internet sales. No sales of dogs to homes with inadequate fencing. All owners should complete a course in animal ownership before getting a dog and then each puppy should go to training ... All owners need to understand the breed they have and what it is capable of. I'm living in a dream world of course.

Deaths and maulings of children/people happen quite often in the UK. I would really love the know the statistics for people's pets being mauled or killed, i think that would be a huge and shocking statistic.

Last week I read about a girl who committed suicide and her mother said one of the things she'd witnessed before committing the act, was the fatal mauling of her beloved dog. How horrific and obviously something she couldn't get past.

Edited by dogmad
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There needs to be a lot more control over dog ownership and breeding, no pet shops, no back yard breeding, no internet sales. No sales of dogs to homes with inadequate fencing. All owners should complete a course in animal ownership before getting a dog and then each puppy should go to training ... All owners need to understand the breed they have and what it is capable of. I'm living in a dream world of course.

Deaths and maulings of children/people happen quite often in the UK. I would really love the know the statistics for people's pets being mauled or killed, i think that would be a huge and shocking statistic.

Last week I read about a girl who committed suicide and her mother said one of the things she'd witnessed before committing the act, was the fatal mauling of her beloved dog. How horrific and obviously something she couldn't get past.

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Peter (surname?) from dogs NSW on the seven morning show this morning talking about how the country needs national dangerous dog laws like the ones in Victoria but not BSL as it doesn't work.. We need to focus on the individual dogs that are an issue and not a whole breed as BSL doesn't work.. It's been tried lots of times and failed...

Also the change in law means that instead of just the $11,000 fine, the owner could get up to 6 months in prison...

My heart breaks for the Chol family..

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Peter (surname?) from dogs NSW on the seven morning show this morning talking about how the country needs national dangerous dog laws like the ones in Victoria but not BSL as it doesn't work.. We need to focus on the individual dogs that are an issue and not a whole breed as BSL doesn't work.. It's been tried lots of times and failed...

Also the change in law means that instead of just the $11,000 fine, the owner could get up to 6 months in prison...

My heart breaks for the Chol family..

He said BSL doesn't work because most of the offending dogs are crossbreeds which comes back to the BYB's who they need to be targeting IMHO.

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That poor little girl and all that witnessed it, can you imagine the fear and the agony of dying that way? Horrific.

There needs to be a lot more control over dog ownership and breeding, no pet shops, no back yard breeding, no internet sales. No sales of dogs to homes with inadequate fencing. All owners should complete a course in animal ownership before getting a dog and then each puppy should go to training ... All owners need to understand the breed they have and what it is capable of. I'm living in a dream world of course.

Deaths and maulings of children/people happen quite often in the UK. I would really love the know the statistics for people's pets being mauled or killed, i think that would be a huge and shocking statistic.

Last week I read about a girl who committed suicide and her mother said one of the things she'd witnessed before committing the act, was the fatal mauling of her beloved dog. How horrific and obviously something she couldn't get past.

Poor breeding producing crap dogs results in dog's that go beyond the management capabilities of the average pet owner is one of the major problems with too many bullshit excuses and reasons why a dog exhibits unneccessay aggression without genetics being appropriately taken into account. Like the sire of my old fella, withdrawn from showing because he was DA...........but some dog snapped at him once and made him aggressive yet he passes the same trait onto his son??.

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I would have thought they need to target irresponsible owners who don't controll their dogs,or understand the needs and potentials of their choices.

How do you now define "backyard " breeders? Could be even more difficult than defining a puppy mill.

And why on earth do you seem to think pedigree dogs are in such great shape we can dispense with every thing else.

Better breeding practices are needed all 'round.

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