Malicious Injuries Act, 1981
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Reduction or exclusion of compensation. [New] |
12.—(1) In determining an application for compensation under this Act, the court may reduce the amount of the compensation it would otherwise award by such sum as it thinks just and equitable having regard to the general conduct, in the circumstances, of the person who suffered the damage or loss to which the application relates, including, in particular, his conduct as respects any precautions which might reasonably have been taken by him to avoid the damage or loss. | |
(2) The court shall reduce by one hundred pounds the amount of the compensation it would, but for this subsection, award to an applicant for compensation under this Act, so however that no applicant may suffer such reduction in respect of more than one claim under this Act for the same property as a result of acts occurring during any period of twelve months. | ||
(3) Compensation shall not be payable under this Act— | ||
(a) where it is proved to the satisfaction of the court that the person who suffered the damage or loss to which the application relates connived at, assisted in or actively facilitated the causing of the damage or loss or was, at or about the time the damage was caused or the loss was suffered, associated with, combined with or in league with the person by whom the damage or loss was caused; | ||
(b) in respect of so much of the damage or loss as, in the opinion of the court, is attributable to any neglect or failure on the part of the person who suffered the damage or loss to take reasonable steps to minimise the extent thereof; | ||
(c) in respect of any damage or loss to the extent that compensation therefor has been recovered under any other statutory provision or under the common law or to the extent that reparation therefor has otherwise been made by or on behalf of the person who caused the damage or loss; | ||
(d) in respect of damage to or loss of— | ||
(i) coins, legal tender notes, bank notes, or currency of any country, any postal orders or post office money orders or any postage or other adhesive stamps, or | ||
(ii) articles of personal ornament (including watches and jewellery) kept otherwise than as part of stock-in-trade, or | ||
(e) in respect of damage to an unauthorised structure within the meaning of the Local Government (Planning and Development) Acts, 1963 and 1976, or to a structure in respect of which a notice under section 31 , 32 or 35 of the Local Government (Planning and Development) Act, 1963 , has been served and is in force or a notice or order under section 26 or 27 of the Local Government (Planning and Development) Act, 1976 , has been served or made and is in force. |