(1)  A court is not to award damages if the court is satisfied that –

(a) the person whose death, injury or damage is the subject of the proceedings was, at the time of the incident that resulted in the death, injury or damage, engaged in conduct that (on the balance of probabilities) constitutes a serious offence; and

(b) the conduct contributed materially to the risk of the death, injury or damage that was suffered.

(2)  This section operates whether or not a person whose conduct is alleged to constitute an offence has been, will be or is capable of being proceeded against or convicted of any offence relating to the conduct.

(3)  In this section,

serious offence means an offence punishable by imprisonment for a term greater than 6 months.