A POLICE woman flagged down by the public found a man kicking a small dog as it cowered and yelped.

Burnley Magistrates heard how Paul Bentley, 33, pulled the animal up with its lead hanging it in mid air by the collar as it struggled to breathe.

The officer, who had tried to take the shaking dog from the defendant was pushed back by Bentley who also hit the animal and told the officer it "needing sorting."

Bentley, of Bramble Street, Burnley, had denied causing unnecessary suffering to an animal and resisting a police officer, but the case had been proved in his absence.

He was given a 12-months conditional discharge and was banned from keeping domestic animals for two years.

Neil White, prosecuting, said that on April 19, PC Tracey Blackshaw was driving on Burnham Gate, Burnley, when she came across the defendant standing over the dog which was on its stomach and cowering and yelping. It was shaking violently and Bentley was shouting to the animal to get up.

PC Blackshaw moved towards Bentley to try and remove the animal from him but the defendant told her she was not taking it.

Bentley then pulled the dog up by its lead so that it was hanging in the air and struggling to breathe. The officer again tried to grab the lead but Bentley dropped the dog to the ground and let go. He then kicked and hit it and told PC Blackshaw: "Its sick. It needs sorting."

The officer again tried to intervene and she was shoved back and stopped from doing so by Bentley. He told her he was refusing to accept her arrest. He swore several times and ended up being CS gassed.

Graeme Tindall, defending, said the dog did not belong to Bentley. It belonged to a friend and had been returned to its owner. The defendant did not keep any animals at the moment.

Bentley had a history of mental health problems and for a number of reasons he could be slightly aggressive when confronted by police.

Mr Tindall said Bentley had been looking after the dog and had been taking it for a walk.

The animal had stopped breathing and he was trying to make it breathe again.

In his mind and bearing in mind the difficulties he had, that was what he was doing.