The appeal of Adam Hicks, 27, was due to be heard in the County Court in Ballarat on Monday, however it did not proceed.

Hicks appeared in Ballarat Magistrates Court in June, where he was fined $1500, ordered to pay $1473 in council costs and $1400 in compensation to the victim.

Both his dogs, which were involved in a savage attack on April 28, were ordered to be destroyed.

A City of Ballarat spokesperson this week told The Courier that now the appeal had been abandoned the animals would be put down as per the original order.

The dogs have been held at an RSPCA facility in the interim.

Hicks initially pleaded guilty to several dog-attack related charges after his two bull terrier-cross dogs attacked another dog, which was being walked along Humffray Street South by a 64-year-old woman.

A man passing by stopped to assist and hit the unrestrained dogs over their heads with a brick in an effort to help save the smaller dog.

He received a small bite to his hand, but managed to place the gravely injured dog inside his vehicle until police and council staff were called.

Hicks had said he was “amazed” the dogs escaped from their secure enclosure and said they must have been let out by someone else.