54ADamages limitations if loss results from serious offence committed by impaired person

#### 54A Damages limitations if loss results from serious offence committed by impaired person 54A Damages limitations if loss results from serious offence committed by impaired person > > (1) This section applies to a liability to which this Part applies in circumstances where— > > > > > (a) the liability arises out of the death of, or injury or damage to, a person, and > > > > > (b) that death, injury or damage occurred at the time of, or following, conduct of the person that, on the balance of probabilities, would have constituted a serious offence if the person had not had a mental health impairment or a cognitive impairment at the time of the conduct, and > > > > > (c) that conduct contributed materially to the death, injury or damage or to the risk of death, injury or damage. > > > (2) If a court awards damages in respect of a liability to which this section applies, the following limitations apply to that award— > > > > > (a) no damages may be awarded for non-economic loss, and > > > > > (b) no damages for economic loss may be awarded for loss of earnings. > > > (3) A serious offence is an offence punishable by imprisonment for 6 months or more. > > > (4) This section does not apply to an award of damages against a defendant if the conduct of the defendant that caused the death, injury or damage concerned— > > > > > (a) constitutes an offence (whether or not a serious offence), or > > > > > (b) would have constituted an offence (whether or not a serious offence) if the defendant had not had a mental health impairment or a cognitive impairment at the time of the conduct. > > > (5) This section operates whether or not a person whose conduct is in issue was acquitted of an offence concerning that conduct by reason of mental health impairment or cognitive impairment or was found by a court not to be fit to be tried for an offence concerning that conduct by reason of such an impairment. > > **s 54A:** Ins 2003 No 94, Sch 1 \[5\]. Am 2020 No 12, Sch 3.4A\[4\]–\[7\] (am 2020 No 26, Sch 1.12\[1\]).