Description
The Claimant and first Defendant were together stealing some ladders. The Claimant fell from the getaway vehicle as they were fleeing the scene and sustained serious injuries. He brought an action in negligence against his co-conspirator and the insurer of the getaway vehicle.
The Court of Appeal held that while the Claimant might not have been injured but for the negligence of the First Defendant, since the reckless driving which caused his injury was within the scope of contemplated risks which the Claimant took when he entered a criminal joint enterprise with the First Defendant, his injury was the consequence of his own criminal conduct and as such he could not recover damages.
