A DOG owner who appealed against a dangerous dog conviction enjoyed a victory at Dorchester Crown Court.

Tracy Louise Butler, of Merredin Close, Weymouth, was prosecuted by Weymouth and Portland Borough Council when her Staffordshire bull terrier Bonnie escaped into a neighbouring garden and attacked a cat on September 6, 2005.

She appealed after being found guilty by magistrates for causing a person to feel reasonable apprehension of being injured.

Prosecutor Scott Stemp said Darren Dalton, who lived two doors from Mrs Butler, heard barking at about 3.30pm and looked over his fence to see Bonnie attacking a cat.

Mr Dalton told the court he feared if he entered the garden the dog would turn on him. He said he heard Mrs Butler's 11-year-old daughter call her mum and Mrs Butler broke through the fence and they both entered the garden to retrieve the dog.

The court heard Mrs Butler managed to pull Bonnie off the cat and dragged the dog back through the hole in the wood panel fence.

Mr Dalton said neither Mrs Butler or her daughter were threatened by the dog, but he stayed behind his fence until Bonnie was captured and then went into next door's garden and took the injured animal to a vet. Mr Dalton said the cat turned out to belong to their neighbour Alison Barney, who faced a substantial vet's bill.

Judge Christopher Harvey Clark said: "The court is unanimously of the opinion there is no case to answer."

He said in the wording of the charge in the Dangerous Dogs Act 1991 there must be reasonable apprehension it would injure a person, and of the three individuals involved Mr Dalton was standing behind a fence, and Mrs Butler managed to pull the dog away with her daughter standing behind her, all without injury.

Judge Harvey Clark said: "This case in our view should not have been brought to court on the evidence we have heard."

He said dogs had been chasing cats for years and he did not know why magistrates were presented with it.

To Mrs Butler he said: "Whatever you may feel about this incident, you have now received justice in this court but we feel you should pay the veterinary bill incurred. It would be a good start to reconciliation among neighbours."