94Exclusion of liability if conduct an offence

94 Exclusion of liability if conduct an offence (1) Liability for damages is excluded if the court— (a) is satisfied on the balance of probabilities that the accident happened while the injured person was engaged in conduct that is an indictable offence; and

(b) is satisfied on the balance of probabilities that the injured person’s conduct contributed materially to the risk of injury. (2) Despite this exclusion, the court may award damages in a particular case if satisfied that— (a) the circumstances of the case are exceptional; and (b) in the circumstances of the case, the exclusion would operate harshly and unjustly.