A letting agent was attacked by an XL Bully after its owner told the dog to 'get him'. John Walkden, 62, had been living at a rented property in Bolton where ongoing cleanliness issues had been reported.
Letting agent James Melly had spoken to Walkden on several occasions about the state of the property. During one visit, Walkden became aggressive toward Mr Melly before ordering his dog, Tank, to attack him. After about five minutes of goading Tank to 'get him', the dog jumped up at Mr Melly and scratched his arm.
Suspended Sentence and Destruction Order
Walkden pleaded guilty to being an owner in charge of a dog dangerously out of control causing injury. He received a suspended jail sentence, was banned from keeping dogs for five years, and Tank was ordered to be put down.
At Manchester Crown Court, prosecutor Olivia Brooksbank-Laing explained that Mr Melly had repeatedly raised concerns with Walkden about the property, and the local authority had become involved. Around 9am on 3 July last year, Mr Melly attended the property with his brother-in-law to deliver cleaning supplies. Walkden became confrontational, pointing at him and asking, 'are you the landlord?'
"Mr Melly responded and said that he was, and the defendant began shouting and swearing at him. Mr Melly suggested they go inside, which they did, to calm the situation," she said. "The defendant then attempted to punch Mr Melly and antagonising his dog, Tank, to attack him by shouting at him to 'get him'. The defendant then followed Mr Melly, who went into the garden, telling Tank to 'get him, get him', causing the dog to jump up and scratch him to the left arm."
Previous Dog Attack
Mr Melly left the property and contacted police. In his statement, he said he felt 'unprotected' and was 'just trying to do his job'. Tank was removed the same day and kept in kennels since. Kennel staff reported Tank was behaving 'perfectly', but there was no safe environment for his return. The cost of kennelling since the incident reached £8,565.
Walkden had 44 prior convictions for 89 offences, including a similar attack in 2019. Bolton Crown Court had previously heard that Walkden's bulldog, Shadow, bit a neighbour on the arm as he travelled through a front yard to reach his flat while sitting in his mobility scooter. The dog continued biting and started biting his hand. Walkden came out shouting at Shadow, but the dog only released its grip after being punched and kicked.
Shadow stopped and was confined in a shed. Walkden then told the bleeding man he 'should not have come into the yard' or 'should have shouted before he came in'. He received a 12-month community order in 2020, and the dog was due to be destroyed.
Court Remarks and Sentence
Speaking in Walkden's defence, Graham Rishton said: "62 - how regrettable it is that he still finds himself in and out of prison." He noted Walkden had longstanding problems with drug misuse and had 'shown discontent for the unsavoury incident'. "The biggest punishment lies not with him, but Tank's fate. He was removed from his custody, and there are issues of where Tank would go, which presents the difficulty here," he added.
Imposing the suspended sentence, Recorder Sarah Griffin said Walkden had shown 'limited remorse' and had poorly complied with court orders. Issuing a destruction order for Tank, she said he had caused injury to Mr Melly and she did not consider Walkden a suitable person to care for him. "I'm told you simply cannot house the dog and I do not find you to be a fit and proper person to do so," she added.
Walkden, of Purcell Close, Bolton, received a nine-month custodial sentence suspended for a year, a 12-month probation service requirement, 120 hours of unpaid work, and a six-month drug rehabilitation programme. He was also handed a five-year ban on owning dogs.