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A woman ended up being hauled before a court after taking on a rescue dog and not realising it was an XL bully.
Susanne Humphreys, from Dover, had thought she had adopted a Staffordshire bull terrier.
However, shortly after taking the dog - called Tyler - into her home in December last year, a neighbour told her they thought he was a banned breed.
Owning an XL bully without a valid certificate of exemption became a criminal offence last February.
Humphreys immediately called police to find out what she had to do to determine the dog’s breed.
When officers visited the 55-year-old’s home, they discovered Tyler was an XL bully and seized him on January 24 this year.
As a result, Humphreys, of Kimberly Walk, was charged with possessing a fighting dog under the Dangerous Dog Act.
She entered a guilty plea when she appeared at Folkestone Magistrates’ Court on May 8.
District Judge William Nelson heard Humphreys had honestly believed Tyler was a Staffordshire bull terrier, the same breed as the previous dog she had owned.
Elizabeth Evans, prosecuting, said Tyler has been “in custody” since being seized in January.
She added: “An expert has deemed the dog to be friendly and she (the owner) did everything she should have done (when she became aware the dog was an XL bully).”
Lainy Snook, defending, told the court Humphreys got Tyler in December last year after her previous dog, which she had owned for eight years, had died from cancer.
The lawyer added: “She got this dog as a companion after she lost her other dog Buddy.
“After the neighbour told her about it being a banned breed, she called the police herself and this dog has never attacked anyone. The Crown’s expert also says it shows no aggression.
“She’s a good owner and knows how to deal with large dogs.
“On February 1, the dog was going to be neutered and she had booked the pet taxi (to get it to the vets), but that didn’t happen because the dog was seized.”
The court also heard Humphreys claims Universal Credit and Personal Independence Payment benefits because of a disability.
District Judge William Nelson told her she had rescued the dog in good faith, not knowing it was XL bully.
He said in those circumstances, he could give Humphreys an absolute discharge - meaning she would be released from court with no further action - and ordered a contingent destruction order on the dog.
This means Tyler must be neutered, insured, kept on a fixed lead and muzzled at all times when out and in a vehicle and not walked by anyone under the age of 16.
Judge Nelson added: “You are a fit and proper person to own the dog and it must be returned to you.”