Section 137(5) of the Police Act 1892 (WA) does not require apportionment of compensatory damages between the State and individual police officers who acted with malice. Where non-malicious torts by police officers and malicious torts by other officers concurrently cause the same damage, the State is liable under s 137(5) for the full compensatory damages, subject to the exclusion of exemplary damages under s 137(6). The State's remedy is to seek contribution from the malicious officers under the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA).
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