But Daniel Davies's pregnant Staffordshire bull terrier-type dog Gucci has escaped a destruction order after Dudley Magistrates Court heard it bit the victim only after being kicked while being walked on a playing field.
Davies, aged 30, of The Farthings, Dudley, admitted allowing Gucci to be dangerously out of control near his home, between Stourbridge Road and Junction Street, and was jailed for 12 weeks. The court heard he had two breeding pairs of Presa Canario dogs – a type originally from the Canary Islands – and a litter of eight puppies that were going to new homes next week as he planned to come off benefits to breed and sell the animals.
But District Judge David Miller, who heard Davies had previous offences including robbery, threatening violence, possessing cannabis and being drunk on a railway station, told him he was not a 'fit person' to have dogs and banned him from keeping them for two years.
He also made an order 'depriving' Davies of Gucci, who was taken in by the RSPCA after the incident, but said he would not make an order to destroy the animal, who is pregnant.
Miss Amy Jackson, defending, immediately said he would appeal to the crown court against the sentence - but the judge refused to suspend the jail term or ban pending a new hearing.
The judge told Davies: "It wasn't the gravest of injuries but it was a relatively serious injury in front of the woman's 14-year-old daughter.
In a statement, the victim said: "Mr Davies never did anything to control the dog."
Mrs Meloney Hughes, prosecuting, said Gucci was off the lead, approached Mrs Brant and her daughter and tried to attack their dog, a Doberman puppy, on February 3.
The daughter kicked Gucci, who then bit her mother at the top of the leg, tearing her jeans and piercing her skin.
Miss Jackson said there had been no provocation from Davies, who was with his children and had been trying to put a lead on his other, larger dog when the attack happened.
She added that, after the attack, he and the victim walked home together arguing.