A Dubbo father of four, who punched his neighbours dog after it had entered his yard and ran at his children has escaped an animal cruelty conviction at court.
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The 36-year-old father, who cannot be named for legal reasons, was inside his West Dubbo home when he heard screams coming from his children outside.
According to the facts a neighbour's American bulldog had escaped and ran toward the four children pushing two of the smaller children over.
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The facts state the dog was seen on top of one of the children, with its mouth over the child's face when the father ran out of his home in fear for his children.
The owner of the dog realised her dog had escaped and made her way to the home of the father gabbing the dog by the collar in an attempt to get it home.
It was probably a very frightful moment.
- Magistrate Gary Wilson
According to court documents the father and the dog owner exchanged words due to the incident, which put the children's lives at stake.
The documents reveal the father punched the dog using his right hand, and the owner pushed him away to protect their dog.
The dog owner then put the dog between their legs as the father attempted to kick it in the head.
The incident was captured on a neighbours CCTV.
The father pleaded guilty to committing an act of animal cruelty in Dubbo Local Court on Wednesday.
However Magistrate Gary Wilson dismissed the charge and said while the father's actions were wrong they were understandable.
"It was probably a very frightful moment and a reaction in the circumstances given what you were faced with," he said.
Dubbo Regional Council issued a $1320 fine to the dog owner for the attack and not securing the dog, and issued a formal caution for a menacing dog.
