A death row dog has received what may only be a temporary reprieve following the launch of a sentence appeal at crown court.

The stay of execution means the fate of Fudge, the Japanese Akita, who has now been involved in three reported incidents involving either biting or aggressive behaviour, will rest or fall on the view of an RSPCA expert.

County Durham magistrates recently ordered the destruction of Fudge after owner Dawn Owens admitted the aggravated version of being the owner of a dog dangerously out of control.

The 47-year-old defendant, of Lincoln Drive, Willington, who was also disqualified from owning a dog for five years by the magistrates, appealed against the destruction order element of the sentence at Durham Crown Court.

Read more: Fresh appeal to trace dog owner after woman attacked

Tabitha Buck, responding to the appeal for the Crown, said Fudge jumped a front fence and attacked another dog, a whippet cross collie called Bronson, at 9.45am on May 12.

Bronson’s female owner fell over as she tried to protect her pet and was bitten in the face by Fudge, leaving her with puncture wounds to her nose and lip.

Her dog suffered a bite wound to its hind leg which was treated with stitches.

As Bronson’s owner attempted to hold Fudge back, trying to retain grasp of his collar, she shouted to Owens to come and retrieve her dog.

Miss Buck said the appellant did so and that brought an end to the incident.

In light of the magistrates’ ruling, Miss Buck said the defendant proposes that if spared on appeal, Fudge could live with a previous owner, a man who accompanied Owens to court.

But Miss Buck said police inquiries revealed there were two previous incidents with Fudge while in that man’s care, in 2016.

One involved another owner being bitten on the finger by a male Akita while walking her dog in Catchgate, Stanley, at a time the previous owner was looking for Fudge, on August 16 that year.

Read more: Mother saves three-year-old son after dog savages him

In the other incident, on October 11, 2016, the same victim was walking her dog when Fudge came running to her in an aggressive manner.

Fudge had to be held back to prevent it getting to her dog and its previous owner approached saying it only got out because the postman left the gate open.

Miss Buck asserted that neither Owens or the previous owner would provide a suitable home for Fudge.

Chris Morrison, for Owens, said there would have to be some form of independent assessment of Fudge’s temperament and future risk by a veterinary expert, perhaps from the RSPCA, to assist the court as to whether it is to be considered a danger.

Judge Jo Kidd agreed to adjourn the hearing for such an assessment to be made and said whoever compiles the report as to Fudge’s temperament may have to come to court to outline the findings.

She told Owens: “The fact I’m granting an adjournment shouldn’t be taken as any indication as to how the court will find, in future.

“There is a presumption in a case of a dog biting a human for understandable reasons.

“The focus of the assessment will be purely and simply on Fudge’s temperament and risk of further attacks.

“It’s not relevant about the family background.”

The appeal hearing will conclude at the court on December 15.

Read next:

Man suffers 50 bite wounds to arms and legs as he tries to protect baby son from Japanese Akita

Bishop Auckland man receives fine after his Japanese Akita attacks another dog

Owner of Akita which attacked police woman in Tow Law wins appeal to keep dogs again

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