PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 10 Criminal conduct of injured person

PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 10

    (1)     A person does not incur civil liability for a personal injury if the court is satisfied on the balance of probabilities:

        (a)     that the injury occurred while the injured person was engaged in conduct constituting an offence punishable by imprisonment; and

        (b)     that the injured person's conduct contributed materially to the risk of that injury.

    (2)     Subsection (1) does not apply if the court is satisfied:

        (a)     that the circumstances of the particular case are exceptional; and

        (b)     that to exclude liability in the circumstances of that particular case would be harsh and unjust.