Kelly Horton of Totton handed suspended prison sentence at Southampton Crown Court after her Staffordshire bull terrier-cross attacked child
A WOMAN whose dog bit a child twice causing serious facial injuries has been sentenced in court.
Kelly Horton (33) of Mortimer Close in Totton previously admitted allowing the Staffordshire bull terrier-cross, named Diesel, to be dangerously out of control at her home last July.
At her sentencing on Wednesday, Southampton Crown Court heard a friend of mother-of-three Horton had been visiting the property with her two-year-old child, with whom the dog was familiar, when the attack occurred.
Prosecutor James Kellam said the incident happened as Horton cooked pizza for her guests. Mr Kellam explained that while it was “not crystal clear” what had happened, it appeared Diesel had tried to take some food that was being passed to the child, who was bitten twice to the face.
She was rushed to hospital and needed treatment for her injuries by a surgeon, he added.
The court heard Diesel was seized and examined by a dog behaviourist, who noted he had previously undergone colon surgery, which led to difficulties digesting food and made him underweight.
As a result, he was “fixated” on food, stealing an “entire packet of dog treats” from her during her observations.
A statement from the dog expert, read by Mr Kellam, said Diesel was “a poorly trained, poorly stimulated bully breed”. Ms Horton’s ownership of the dog was “inappropriate” and it was not recommended that he was returned to her.
The court heard Diesel was taken for walks only weekly, but given more “substantial” exercise monthly in a field rented by the defendant where he could run off lead.
In interview, Horton described the attack as “an accident”, the court heard.
In an impact statement, the victim’s mother told the court the attack was “incredibly unexpected”, adding: “The dog lunged at her; it happened so fast.
“I have never heard her scream like that – I was so scared. She should have been safe in [Horton’s] house.”
The statement said the mother initially feared the child could have been killed, then that she might lose an eye due to the injuries, which the court heard were now “healing well”.
She had changed from “a very happy girl” who loved playing to being “clingy”, she said, adding: “This has affected her badly, but I am hoping with her age being so young it will soon fade.”
Defending, Emily Lanham said there had been “a momentary lapse of control” of the dog, followed by “immediate intervention”.
Horton was said to be “absolutely devastated and incredibly remorseful”, particularly as the attack had been on her close friend’s daughter. The families were now estranged.
Ms Lanham explained Horton had moved home, and her children had changed schools after threats within the community.
This was “particularly devastating” for Horton as her home had been where her late daughter had passed away, Ms Lanham added, and where “a lot of memories were left behind”.
Ms Lanham maintained Diesel had been walked twice a week, but that Horton was acting on advice from her vet as he was recovering from surgery three to four months earlier.
Ms Lanham added: “She began to reintroduce food as he was demonstrating a much greater appetite, but due to the surgery she could not feed him as often as perhaps Diesel would have liked, but she did so under the advice of the vet.
“She was doing everything in her power to properly look after the dog.”
The dog had previously scratched one of her own children, which resulted in a hospital visit, the court heard, which was put down to it being a “boisterous” puppy that often jumped up and “had a lot of energy”.
While a “horrific accident”, Ms Lanham said the child had “frequently” been to the home and around the dog without issue. The dog had not been assessed as being inherently dangerous, nor was there a threat to the public, she said.
Judge Christopher Parker KC handed Horton a 12-month prison sentence, suspended for 18 months, and ordered she carry out 150 hours of unpaid work.
He told her: “It seems to me, given what you knew about the dog, its condition and behaviour, there was a complete lack of safety measures in a situation when an incident of this nature was entirely foreseeable.
“This was a young, boisterous dog in close proximity to a young child. She suffered serious facial injuries and has scaring as a result of what your dog did.
“I accept you were doing your best, albeit that it was seriously inadequate. I also accept you are regretful and that you have ongoing consequences as a result.”
Referencing the incident in which Diesel had previously scratched her child, he added: “That should have been a warning to you about what might happen.”
Horton was also banned from keeping dogs for five years.