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[1] The complainer Karen Marie Anderson appeared in the Sheriff Court at Glasgow on 10 March 2000, when she stood trial and was found guilty on a charge in the following terms:
"On 18 July 1999 at Leithland Road, Glasgow, you...being in charge of a creature, namely, a dog did suffer or permit it to cause danger or injury to or to give reasonable cause for alarm or annoyance to Christopher McAloon, aged 9 years...who was in a public place in respect that the said dog had bitten him on the neck; contrary to the Civil Government (Scotland) Act 1982 section 49(1)".
[6] We are not persuaded that there was sufficient material even for a finding that the appellant had the requisite knowledge that the dog would or might "give reasonable cause for alarm and annoyance". Far less can we see any foundation for holding that the appellant foresaw or should have foreseen that the dog might cause danger or injury to anyone if it was tied insecurely and got loose.
[8] In our opinion, the sheriff was not entitled to hold that the appellant breached section 49(1), and was not entitled to convict her. In these circumstances, we answer the second and third questions in the case in the negative, and quash the conviction. The meaning of the first question is uncertain as we have indicated, and we do not feel it necessary to answer that question.
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