Winston, the 10-year-old brindle-white boxer cross, will now be destroyed after Judge Emma Smith at the Dunedin District Court yesterday ruled there were no exceptional circumstances to the October incident.
Natasha Lee Barrett (50) had opposed the euthanising of her pet, but she did not show up to court yesterday to receive the news in person.
She had made a secure area at her property for Winston, spoken to a dog trainer about behavioural work and pledged to keep the animal muzzled, counsel Jo Turner said.
In April 2018, Winston (formerly known as Simba) bit a child on the face, resulting in an order under the Dog Control Act requiring it to be muzzled in public.
However, on October 23 last year, Barrett took the dog with her to attend a gig at a central Dunedin cafe, muzzle-free.
Winston did not like to wear it, she said.
Barrett also told Dunedin City Council investigators that she thought the dog only had issues with children.
When the defendant got to the concert, she tied Winston to a post on the footpath and put her coat down for him to lay on.
The 23-year-old victim, who had also been attending the event, with friends and family, approached the tethered dog, crouched beside him and allowed him to sniff her hand.
Believing him to be placid, she began stroking him.
Winston lunged and bit her face.
The court heard his teeth punctured the skin over her lip, under her jaw and in the upper throat area.
The woman was admitted to hospital and required seven stitches to close the wound.
She would likely be left with permanent scarring, prosecutor Eleanor Bunt said.
Ms Turner said Barrett was "horrified" by what had occurred, to the point where she had undergone counselling.
The defendant felt like her pet was being punished for her mistakes, she said.
"She very much wishes to save this dog from destruction," Ms Turner said.
However, Judge Smith said the legal test was simple.
The court had to find that the immediate circumstances of the attack were exceptional and the chance of a repeat was remote.
"I find to the contrary," the judge said.
"It’s not remote, it’s entirely possible."
Barrett was fined $750, and ordered to pay $500 reparation and court costs of $130.
To compound the punishment, she also owed the council $3672 in dog-pound fees, after Winston was detained there during the court process.
That sum would be pursued civilly, Ms Bunt said.
