No home for home detention

The owner of a dog that mauled a 12-year-old boy at a rugby game was sentenced in the Auckland District Court this week - only to have the sentence quashed hours later.

The address where Melvyn Toko had been sentenced to serve home detention was found to have been sold. The earlier decision was rescinded and Toko released on bail. Resentencing has been delayed until March 15, to give probation staff time to find another suitable address.

A spokesman for the Department of Corrections, which is responsible for the probation service, said the address was checked before sentencing and considered suitable.

"However, subsequent to the assessment of the address being provided to the court, the property sold and was no longer available for the tenants."

A Justice Ministry spokeswoman said it was "incredibly uncommon" for a sentence to be rescinded.

Toko had been sentenced on several charges related to the dog attack, as well as burglary, car theft and driving while disqualified.

His Staffordshire bull terrier cross attacked a boy in November 2007 at a touch rugby game in Panmure. It should have been muzzled in public after previously biting a woman known to Toko.

The injured boy needed surgery for extensive puncture wounds to his legs and left arm. Toko had been holding the dog, named Tima, on a chain, but still couldn't stop the attack. He ran away with his dog after the attack, but was tracked down later by animal control officers.

The dog was destroyed by authorities in February last year.