A 52-year-old man has died after being pepper-sprayed by police during an arrest in Sydney's west. Officers were called to a unit in Homebush at around 8.30am on Monday following reports of an alleged domestic violence incident.
During the arrest, police deployed pepper spray. Shortly afterwards, the man suffered what police described as a 'medical episode'. Paramedics treated him at the scene before transporting him to Westmead Hospital in a critical condition, where he later died. The time of death was recorded as 8.30pm on Monday.
New South Wales Police have launched a critical investigation and established a crime scene. The conduct of the officers will be subject to an independent review by the Professional Standards Command and oversight by the Law Enforcement Conduct Commission. A report will be prepared for the Coroner.
NSW Police policy allows the use of oleoresin capsicum (OC) spray as a 'less than lethal option' to control people where violent resistance or confrontation occurs. However, a US Department of Justice report found that exposure to OC spray can cause intense pain, coughing, temporary vision loss, and respiratory distress, with heightened risks for those with asthma or other lung conditions.
This incident follows a similar case in 2022, when a 41-year-old man died after being pepper-sprayed during an arrest on the M5 motorway. The use of OC spray has also been controversial in protests, including its alleged use on a 13-year-old at a Palestine rally in 2024 and on anti-war demonstrators at a naval expo in November.
Last month, climate protesters won a landmark class action against Victoria Police over the use of OC spray at a 2019 anti-mining protest. The Supreme Court awarded protester Jordan Brown A$54,000 in damages, ruling the spray was unjustified. The judge noted the decision did not set a general precedent.
