Michelle Nelson banned from having control of a dog after her staffy’s 20 minute attack

The dog had been living with her in an illegal camp in Byron Bay, and when council dismantled the camp, they took away seven truckloads of rubbish, three vehicles and a campervan.

A woman has faced court after her dog attacked another dog and its owner in Byron Bay.

A woman whose dog, previously identified as menacing, attacked another dog and its owner in Byron Bay has been permanently banned from handling a canine in public.

Michelle Nelson, 49, faced Byron Bay Local Court on Monday.

The case against her first went before court two weeks ago, when she was convicted in her absence but later that afternoon turned up to court and pleaded guilty to being the owner of a menacing dog who did not comply with related legislation and failing to comply with a direction from Byron Shire Council.

An earlier prosecution account of the incident placed Nelson at the house where the dog attack took place, but the court this week heard this was an error.

Defence solicitor Kylie Anderson-Clarke told the court on Monday her client had left the dog with another person when the attack unfolded.

Ms Anderson-Clarke said the dog was a beloved companion for Nelson, who was distressed to learn only from court documents that the council had destroyed her pooch.

“The dog was being held in the council pound,” she said.

“There were a number of people trying to raise money to have (the dog) released … to a compliant environment.”

The court heard Nelson had cared for numerous stray dogs and other animals over the years, as well as people experiencing domestic violence before she came to be in Byron Bay.

Nelson’s other offence related to an illegal campsite at Butler Street Reserve in Byron Bay.

The court heard Nelson, who was experiencing homelessness, refused to move from the site after being warned by the council’s staff and tried to establish another camp site after the council removed her belongings.

Ms Anderson-Clarke said Nelson was living in this way after leaving a “significant domestic violence” situation.

“While she accepts it wasn’t a lawful camp … there had been some acquiescence to her being there for a period of time,” she said.

She asked the court not to impose a permanent disqualification on owning a dog.

But the council’s lawyer told the court such a disqualification was automatic with an offence involving a menacing dog.

Ms Anderson-Clarke also asked the court to consider imposing a conditional release order without a conviction, but Magistrate Karen Stafford refused this.

Ms Stafford said Nelson’s dog, a staffy named Abby, should have been wearing a restraint at the time of the incident.

“Abby … was not under any restraint and was with some other woman when there was a trespass onto a couple’s property on Cowper Street,” Ms Stafford said.

The court heard a “vicious attack” unfolded.

“Abby pinned (the other dog) to the ground with its head in her jaws and shook her,” she said.

When the owner scooped the victim dog up Abby attacked him, too.

The attack spanned 20 minutes, the court heard.

Ms Stafford acknowledged the increasing strain of housing unavailability and unaffordability in the region but said Nelson’s attitude toward the council’s staff when they tried to move her on from the reserve was significant.

“The court certainly recognises there is a growing and very concerning degree of homelessness in the Byron Shire,” she said.

“No doubt that also paid a part of the council’s decision not to disturb Ms Nelson’s illegal camping for some time.”

“(But) she basically took the view (the direction) did not apply to her.

“(The council) took seven truckloads of rubbish, three vehicles and a campervan from the reserve.”

Ms Anderson-Clarke had argued her client had accrued some of this in cleaning up bushland adjacent to her camp site. Ms Stafford convicted Nelson of both offences and sentenced her to a one year community corrections order.

She was ordered to pay $1192.45 compensation to the other dog’s owner, was permanently banned from having control of a dog in public and was fined $750 for the camping offence.