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WRONGS ACT 1958 - SECT 28LAF Assessment of damages

WRONGS ACT 1958 - SECT 28LAF

Assessment of damages

    (1)     In determining an award of damages to which this Part applies, the jury or the court if the trial is without a jury, must—

        (a)     consider the factors set out in subsection (2); and

        (b)     having regard to those factors, reduce the amount of damages

              (i)     in the case of a claimant who has been convicted of an offence other than a profit motivated offence—by a percentage that the jury or the court (as   the case requires) considers appropriate;

              (ii)     in the case of a claimant who has been convicted of an offence that is a profit motivated offence—by a percentage that the jury or the court (as the case requires) considers appropriate, being a percentage that is not less than 90 per cent.

    (2)     For the purposes of subsection (1), the factors are—

        (a)     the number and seriousness of the claimant's previous convictions; and

        (b)     the nature of the relationship between the claimant and the prisoner including any agreement, arrangement or understanding with respect to criminal activity; and

        (c)     the relationship (if any) between the conduct constituting an offence for which the claimant has been convicted and the conduct constituting an offence for which the prisoner has been convicted; and

        (d)     the claimant's character, behaviour or attitude at any time, whether before, during or after the commission of an offence for which the claimant has been convicted, including any evidence of rehabilitation, remorse or subsequent offending; and

        (e)     any other factor that the court considers relevant.

    (3)     The jury or the court (as the case requires) may determine a reduction of 100 per cent, with the result that the claim for damages is defeated.

    (4)     The jury or the court (as the case requires) must specify the percentage by which the amount of damages is reduced under this Part.

    (5)     Except as provided by this Part, nothing in this Part affects any other law relating to the discounting of sums awarded as damages.

S. 28LAG inserted by No. 22/2015 s. 3.