Sentencing of an Angus man whose Staffordshire bull terrier savaged a toddler has been delayed after questions emerged over the maximum penalty disparity between Scotland and England.
John Towns returned to Forfar Sheriff Court on Thursday where he had been due to be sentenced for the February 27 incident at his home in Kirriemuir’s Glamis Road in which the six-year-old pet grabbed the young daughter of a visiting friend in the horrifying morning incident.
The attack happened after the two-year-old went to stroke the dog in the living room of the house.
As the girl’s mum frantically tried to release her daughter from the dog’s powerful jaws it adjusted its bite to get a better hold of her face.
It eventually let go of the tot, leaving her with deep facial cuts and missing teeth.
The girl was rushed to hospital and although there has been what was described as a significant improvement in her appearance since the incident she may still require facial surgery.
An updated medical report was presented to sentencing Sheriff Pino Di Emidio yesterday, but its terms were not made public in court.
Unemployed Towns, 45, previously admitted being the owner of a dangerously out of control animal that permanently disfigured the youngster in the incident.
Sheriff Di Emidio told defence solicitor Nick Markowski that his research into the sentencing powers in the case had revealed a potential difference in the maximum penalty available.
The sheriff said his understanding of the section under which the offence was brought provided for a maximum sentence of two years’ imprisonment, while in England the available penalty is five years.
Mr Markowski said there were few reported cases relating to similar offences, with the majority of matters relating to attacks that had taken place in a public area and not the living room of the owner’s house.
Sheriff Di Emidio said: “This is a very serious matter.
“Given the aggravating factors here of the type of dog, the circumstances, the age of the child and the extent of the injuries it makes a difference in what the sentencing power is and on the face of it, it is two years maximum.”
A destruction order on the animal, which the defence has said will not be contested, will also be determined when Towns returns to court again on Tuesday.