Under s 43 of the Civil Liability Act 1936 (SA), the exclusion of liability for criminal conduct requires proof beyond reasonable doubt that the plaintiff was committing the indictable offence at the time of the defendant's negligent act — earlier criminal conduct in the same sequence of events is insufficient. The section should be construed narrowly given its drastic consequences. For contributory negligence under s 46, extreme intoxication (BAC over 0.2) combined with active creation of a dangerous situation warrants an apportionment of 50% rather than the statutory minimum of 25%, even where the defendant's conduct involved a gross departure from the standard of care.
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