Dannie Heard, 36, formerly of Mooroopna, pleaded guilty in Shepparton Magistrates’ Court to charges of being in control of a dog that attacked and bit a person causing serious injury.
Greater Shepparton City Council prosecutor Simon Pogue told the court Heard had been at a Shepparton home where his nine-year-old niece and her family were visiting on November 12 last year.
His red, brown and white Akita dog was tethered by a three-metre lead in the backyard.
Mr Pogue said the dog bit the nine-year-old girl on the arm and dragged her to the ground before continuing to bite and shake the victim.
The court heard the girl’s father punched the dog to stop the attack, with Heard upset the man had hit the dog.
With multiple arm and shoulder lacerations, the girl asked “Am I going to die?” Mr Pogue said.
The court heard the girl received seven separate wounds from the attack, including some that tore her muscle.
The dog has since been impounded and remains so.
Mr Pogue also said Heard showed “no remorse”.
Heard’s solicitor Brett Melke admitted the attack was violent, but said it only lasted about five seconds, according to witness statements from the girl’s parents.
He also pointed out there were “seven different bite wounds” but they were “not seven separate bites”.
Mr Melke also said the hospital report said two of wounds tore muscle tissue, three were deep but didn’t meet the muscle and two were superficial.
Mr Melke said Heard had no prior convictions and was “deeply sorry this child has been hurt”.
He said Heard had offered to council to have the dog, which was nine months old at the time, declared as a dangerous dog, and said Heard was moving to Bendigo to a house with good security.
Mr Melke said the court needed to look at how culpable his client was for the attack, saying the dog was on a lead at the time.
“It wasn’t roaming,” he said.
“He didn’t have a reason to believe it would attack anyone”.
Magistrate Peter Dunn fined Heard $5000, and ordered he pay $129.30 in court costs.
Heard was also ordered to pay $7746 in legal costs for the council.
“This is an incredibly serious attack on a vulnerable child,” Mr Dunn said.
“And immediately following the attack he didn’t act with a great deal of sympathy for the victim child.”
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