Workington man avoids prison after dog bite linked to pensioner's death

A man from Workington has avoided prison after his Patterdale terrier bit an elderly neighbour who died weeks later after developing a blood infection linked to the bite.

Martin Hawley, 58, met 89-year-old Joseph James outside their Warwick Place terraced homes on the evening of 21 October 2022.

As Hawley opened his door and Mr James stood outside his address, Hawley’s terrier, Annie, ran from the house and latched on to the pensioner's hand, pulling him to the floor.

Hawley, 58, called an ambulance which took him to hospital where he remained until he died nearly a month later.

He had bruising and swelling to the left side of his head, a nosebleed and partial amputation of one of his fingertips.

A pathologist concluded that Mr James’ head injury was neither life-threatening nor life-changing.

After a week in hospital, Mr James turned 90. He developed a fever and a week later was diagnosed with sepsis.

Tests showed his blood had become infected with a bacteria found in the mouths of dogs and cats.

Prosecutor Laura Broome told Carlise Crown Court it was the pathologist’s opinion “that this was passed into his bloodstream from the wound caused to his little finger when bitten by the dog”.

Hawley admitted a charge of permitting a dog to cause injury while dangerously out of control, leading to Mr James’ death.

A neighbour reported Mr James for using a cane and previously tormenting the dog, which had bitten the pensioner in the past.

Judge Michael Fanning accepted this torment but told Hawley the 21 October incident could have been foreseen, adding: “These incidents should have put you on notice that you had to be careful with Annie being around Mr James.”

Defence lawyer Craig MacGregor conceded there were “no winners” in the case.

He added: “The defendant, who suffers from depression, has been greatly affected by this.

"He still lives at the house. He still has to face this every day.”

Judge Fanning said it had been a “momentary lapse” by Hawley, adding: “You have demonstrated real remorse and regret. I have no doubt this will live with you forever.”

An 18-month prison sentence was suspended for a year.

The dog remains in kennels, and a decision on its future will be taken by a judge after expert reports are prepared.

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