Man who kicked dog in head spared jail

A man who repeatedly kicked his dog in the head outside a Brighton convenience store during a psychotic episode has been spared prison.

Brighton Magistrates Court heard Harry Booth, 27, was “extremely unwell” when he attacked his Rottweiler after a row in Budgens in Queens Road in the early hours.

He had left the store after a row with a customer, who the dog had lunged at. During the argument, he took off the muzzle and threatened the customer, and then a store worker.

Booth, of Dalebury Road, Wandsworth, admitted causing unnecessary suffering to an animal and affray in connection with the incident on 17 May this year.

He also admitted three counts of assaulting a passenger and two railway staff and criminal damage to a train at Gatwick Station on August 28.

Defending, Alison Reedy said he had no recollection of either incident as he had been so unwell.

Prosecuting, Benjamin Parkinson said Booth’s dog had lunged at a customer after he went into the Budgens at about 1am.

He said: “The defendant and the customer had a verbal argument and the dog again lunged at them.

“The defendant took the muzzle off the dog and made threats towards the customer, and threw a bottle.

“The customer paid and left the shop. The defendant made a threat to fight a member of staff.

“CCTV captures the defendant’s behaviour outside the shop and shows him kicking the dg multiple times.

“Police attended, and the defendant gave a false name and date of birth and could be hard saying on body worn camera footage ‘F*** the law.'”

The Gatwick assaults began as a train pulled into the station, when passenger Jonathan Murrell saw the defendant acting erratically, punching the train doors and communication equipment.

When train staff came to the carriage, Mr Murrell told them to call the police, at which point Booth started following him down the carriage, throwing something at him and shouting: “I’m going to f*** you up.”

Once he left the train, he punched train staff Aaron Manz and Colin Pallet.

The court heard victim impact statements from Mr Murrell, Aaron Manz and Colin Pallet all of whom said they were still affected by the attacks, which had left them nervous about confrontations.

Defending, Alison Reedy said Booth had suffered from mental health episodes since his teens, had been sectioned several times and sent to mental hospitals across the country.

But it was only recently he had been diagnosed with paranoid schizophrenia, was now receiving treatment for that and was “in a much better place.”

She said when he was told what he had been charged with, his main concern was his dog.

She said: “He’s clearly very fond of his dog and wants the best for him. He’s a lovely dog.

“He would never harm that dog intentionally – he’s horrified that he has done.

“He’s someone who forms a very strong bond with animals. He was able to give the dog a good life. They loved each other.”

Presiding magistrate Mark Durrell said: “this passes the custody threshold.

“Having read the pre-sentence report it’s quite clear that probation are very happy to work with you and you have shown willing to work with them so we have decided to suspend this sentence.”

He sentenced Booth to six months in prison, suspended for 18 months, with a requirement to complete up to 25 rehabilitation activity requirement days, and 18 months of mental health treatment.

He also made a deprivation order for the dog, and disqualified Booth from owning any animal for two years – and ordered him to pay more than £500 in compensation to those he assaulted, plus £92.78 to GTR for damage to the train and £154 victim surcharge.

A request for more than £13,000 from Sussex Police to cover kennel fees for the dog since May was refused because Booth had no way of paying it.

Mr Durrell said: “We said two years because your treatment order is for 18 months. Who knows at the end of that period you may be in an even better place.”