Australian Police 'Less Lethal' Weapons Face Intense Scrutiny Following Multiple Deaths
The deployment of so-called 'less lethal' weapons by police forces in New South Wales and Victoria has come under intense examination after incidents that resulted in the deaths of three individuals within a four-month period. These fatalities have sparked a series of inquests and civil legal cases that could potentially reshape how law enforcement agencies utilise force in critical situations.
Controversial Projectiles Linked to Global Fatalities
Police authorities have long advocated for projectiles such as bean-bag and foam baton rounds, fired from specialised launchers, as a safer alternative to conventional firearms. However, these weapons have been associated with deaths internationally, and critics argue that their expanding presence in police arsenals has not been accompanied by proportional increases in oversight and accountability measures.
Three Tragic Cases Under Investigation
In July 2023, Mark Smith lost his life after being struck five times with less-lethal projectiles and subjected to 14 Taser deployments by Victorian police, as revealed in a coronial inquest. Just two months prior, Krista Kach died in Newcastle, NSW, after being Tasered and hit in the chest with a bean-bag round from a 'Super-Sock' shotgun. Later that November, Steven Woodhouse passed away following an encounter with the Victorian Critical Incident Response Team (Cirt) in Reservoir, where he was allegedly shot with bean-bag rounds and a Taser.
Coroners are scheduled to deliver findings into Smith's death later this year, while an inquest into Kach's death commenced on 2 March. Additionally, Woodhouse's sister has initiated a Supreme Court case against the state, alleging that police actions caused her brother's fatal injuries.
Families Demand Reform and Transparency
Kach's family has expressed frustration over the delayed judicial proceedings and questioned the rationale behind using bean-bag rounds on a woman experiencing a severe mental health crisis. "We had never heard of a bean-bag to be used on a woman experiencing a major mental health crisis before – and we had no idea they had plans to use it on her," they stated. "[Police] need serious reform on why and how they use any 'less than lethal' weapons."
Following Kach's death, NSW police temporarily suspended the use of bean-bag rounds but have since reinstated them. Notably, while NSW police reported bean-bag rounds were used in at least 15 high-risk incidents in 2023, these statistics were omitted from official use-of-force data, highlighting transparency issues.
Oversight Deficiencies and Legal Challenges
A year before the deaths of Smith and Woodhouse, the Victorian Cirt was criticised in an Independent Broad-based Anti-corruption Commission report for inaccurately recording use-of-force incidents and acting inconsistently with human rights charters. Separately, two protesters shot with projectiles in 2021 are pursuing legal action against Victoria police, with one case settling in December after alleging injuries from unwarned shootings.
Jeremy King, a lawyer representing individuals shot by police with Tasers or less-lethal projectiles, emphasised the lack of oversight: "There's almost zero oversight over that type of weaponry, how they are using it, and how much it costs." A Victoria police spokesperson noted that bean-bag rounds have not been used since 2020 but declined to comment on specific deaths, while confirming the use of 40mm baton rounds in tactical operations.
Medical and Operational Insights from Inquests
During Smith's inquest, details emerged about the operational tactics employed. Smith, who was armed with a sword and knife, was shot with less-lethal rounds before being Tasered multiple times, including in drive-stun mode—a pain compliance method. Acting Supt Ilsa Wakeling testified that Cirt was reducing Taser usage due to reliability concerns.
Forensic pathologist Dr Paul Bedford explained that Smith died from cardiac arrest, potentially triggered by a combination of pre-existing heart conditions, methamphetamine use, and police restraints. He likened the situation to an 'eggshell skull' case, where multiple factors converged fatally. Bedford also noted extensive bruising from projectiles could have contributed by reducing blood circulation.
Smith's mother, Arita Smith, urged systemic changes to prevent future tragedies: "I have sat and listened to all of the evidence that has been presented, and I still ask myself: 'Is there a better way?'"
As these investigations unfold, the debate over the safety and regulation of less-lethal weapons continues, with calls for enhanced accountability and reformed policing practices growing louder across Australia.
