sec.45Criminals not to be awarded damages

### sec.45 Criminals not to be awarded damages A person does not incur civil liability if the court is satisfied on the balance of probabilities that— the breach of duty from which civil liability would arise, apart from this section, happened while the person who suffered harm was engaged in conduct that is an indictable offence; and the person’s conduct contributed materially to the risk of the harm. Despite subsection (1) , the court may award damages in a particular case if satisfied that in the circumstances of the case, subsection (1) would operate harshly and unjustly. If the court decides to award damages under subsection (2) , the court must assess damages on the basis that the damages to which the injured person would be entitled, apart from this section, are to be reduced, on account of the injured person’s conduct, by 25% or a greater percentage decided by the court to be appropriate in the circumstances of the case. It does not matter whether the person whose conduct is alleged to constitute an indictable offence has been, will be or is or was capable of being proceeded against or convicted of an indictable offence. If the person has been dealt with for the offence, it does not matter whether the person was dealt with on indictment or summarily. (sec.45-ssec.1) A person does not incur civil liability if the court is satisfied on the balance of probabilities that— the breach of duty from which civil liability would arise, apart from this section, happened while the person who suffered harm was engaged in conduct that is an indictable offence; and the person’s conduct contributed materially to the risk of the harm. (sec.45-ssec.2) Despite subsection (1) , the court may award damages in a particular case if satisfied that in the circumstances of the case, subsection (1) would operate harshly and unjustly. (sec.45-ssec.3) If the court decides to award damages under subsection (2) , the court must assess damages on the basis that the damages to which the injured person would be entitled, apart from this section, are to be reduced, on account of the injured person’s conduct, by 25% or a greater percentage decided by the court to be appropriate in the circumstances of the case. (sec.45-ssec.4) It does not matter whether the person whose conduct is alleged to constitute an indictable offence has been, will be or is or was capable of being proceeded against or convicted of an indictable offence. (sec.45-ssec.5) If the person has been dealt with for the offence, it does not matter whether the person was dealt with on indictment or summarily. - (a) the breach of duty from which civil liability would arise, apart from this section, happened while the person who suffered harm was engaged in conduct that is an indictable offence; and - (b) the person’s conduct contributed materially to the risk of the harm.