A YOUNG man whose out of control dog bit and scarred a child is now behind bars.

Gary Booth was was sent to jail by Judge Nicholas Cole at Worcester Crown Court on Friday after his dog, Shadow, bit a schoolgirl in Evesham High Street while she was walking home. A decision has yet to be made about whether the dog will be destroyed.

The 21-year-old now of Charleville Road, Birmingham, is also due to be considered for a criminal behaviour order which police can seek from the courts to bring Booth's behaviour under a tighter leash when he is finally released from prison.

Booth's dog bit a 12-year-old girl in Evesham on April 2 last year as she was on her way home from school. The defendant had already admitted being the owner of a dog that was dangerously out of control, aggravated vehicle taking on November 24 last year and breach of a restraining order against a former partner between April 13 and 20 this year.

Judge Cole, sentencing, said the dog had been on a lead 'but jumped and bit her arm'.

"I have seen the photographs - there was extensive bleeding. The dog bit through her blazer or jacket causing a significant puncture wound. She had to go to hospital," said the judge.

The girl has been left with a three inch scar. Although the judge said Booth had asked the girl at the time if she was okay he then chose to run off.

He said Booth must have known there was a potential for the dog to bite somebody. The judge was also satisfied that the attack had caused not only a serious physical injury but also serious psychological harm, placing it within category one of the sentencing guidelines (the highest for this particular offence).

The starting point within the guidelines ranges between a high level community at one end and six months custody at the other. On November 24 last year Booth took a Toyota Yaris without the owner's consent, causing damage to the vehicle after it was taken from a driveway. It was taken as an aggravating feature that Booth had similar previous convictions which placed it 'at the top end of the bracket'.

Booth, who has previous convictions for affray and taking a vehicle without the owner's consent was given a six month prison sentence suspended for 12 months in January this year and was subject to that when he breached the restraining order in April this year, arriving at his ex's home and 'asking to do the washing'.

Booth was however cleared of an assault against his former partner during a trial at Worcester Magistrates Court which took place during the breach of the restraining order.

The judge accepted mitigation that Booth had 'moved to Birmingham intending to change your ways' and had pleaded guilty to breaching the restraining order at the earliest possible opportunity, giving him maximum credit. The pleas to the other matters came later but Booth was still given a discount in the length of the prison sentence.

The judge jailed him for 16 months. A further hearing will take place on January 26 next year to determine whether Booth will be subject to a criminal behaviour order and also to determine whether the dog will be a subject to a destruction order (put down) or a contingent destruction order which means the dog will not be destroyed but will have to be subject to certain restrictions.

This could include, for example, the dog being muzzled in public. Booth was also banned from driving for 12 months.

This ban was extended by eight months so that the disqualification will begin as soon as Booth is released from prison (at the halfway point of his 16 month sentence). Because Booth had spent 207 days on a qualifying electronically monitored curfew this will reduce the length of time he spends in prison by 104 days.