Recently, in the case of SW v Khaja [2020] NSWCA 128, the Court of Appeal rejected a claim by a young woman for damages for injuries sustained by her when she was severely injured whilst trying to rob a taxi driver.  The relevant details:

• The Applicant, who was a teenager at the time, agreed on a plan to rob a taxi driver.She and three other teenage girls, from a location at Ambarvale, got a taxi and directed him to take them to Campbelltown.  The Applicant, who concealed a large kitchen knife on her person, entered the front seat and told the driver where to drive to.  When the taxi arrived at the destination at a park at Campbelltown, the Applicant pulled out the knife and demanded the driver’s money, wallet and mobile phone. A struggle ensued and, in the course of that struggle, the taxi driver accelerated his vehicle and the Applicant fell from the vehicle and was injured, as a result of which she was rendered a paraplegic.
• Immediately after the Applicant fell from the taxi, one of her friends took the knife and threw it into nearby bushes where it was later found by the police. The three friends ran off leaving the Applicant behind.
• The Applicant then sued the taxi driver for damages alleging that he pushed her out of the moving taxi for no apparent reason. At trial, the Appellant denied possessing a knife and denied attempting to rob the taxi driver.  However, CCTV footage taken from inside the taxi and evidence from other members of the group indicated otherwise.  Ultimately, the Applicant’s claim was dismissed on the basis that her own criminal conduct significantly contributed to her injuries.
• In NSW Section 54 of the Civil Liability Act 2002excludes awards of damages for people injured whilst committing a serious criminal offence. The Court found that the conduct of the Appellant fell directly within the description of armed robbery and that the conduct of the Appellant in attempting to rob the Respondent at knifepoint clearly satisfied the requirement of being a serious offence for the purpose of Section 54. The Court also found that the Respondent taxi driver had responded reasonably in all the circumstances.

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