A 52-year-old man has died in hospital following an encounter with New South Wales Police in Sydney’s inner west, after officers used oleoresin capsicum (OC) spray — commonly known as pepper spray — during his arrest. The incident, which occurred amid a response to a domestic situation in Homebush, has prompted a critical incident investigation, oversight by independent watchdogs and renewed public scrutiny over police use-of-force policies.
Incident Details: Medical Episode After Arrest
Shortly before 8:30 am on Monday, NSW Police were called to a residential unit on Nipper Street, Homebush, responding to reports of an alleged domestic violence or family dispute. Officers attempted to arrest a 52-year-old man inside the unit and deployed OC spray to subdue him and prevent what they described as a “breach of the peace.”
According to police, the man suffered a medical episode soon after the spray was used. Ambulance paramedics treated him at the scene before he was transported in critical condition to Westmead Hospital, where he later died around 8:30 pm that evening.
At the time of the police response, the man had not been formally charged with any criminal offence, though he was being taken into custody as part of the ongoing incident.
Police Response and Critical Incident Declaration
NSW Police swiftly established a crime scene and activated a critical incident team under Strike Force Tigard to manage and examine the circumstances surrounding the arrest and the man’s subsequent medical event. This type of response is standard when a death occurs during or shortly after police contact.
The investigation will be independently reviewed by the Professional Standards Command within NSW Police and overseen by the Law Enforcement Conduct Commission (LECC) — the state’s civilian watchdog tasked with monitoring police conduct. A detailed report will be prepared for the Coroner, who will ultimately determine the official cause of death and whether police actions were appropriate.
NSW Police Commissioner Mal Lanyon emphasised that it is too early to conclude whether the use of OC spray contributed to the man’s death, noting that other medical factors or conditions may have played a role. He reiterated that OC spray is considered a “less-than-lethal” policing tool used where officers face violent resistance or risk to safety.
Pepper Spray: Policy and Controversy
OC spray is widely used by police forces globally, including NSW Police, as a tool intended to control or contain individuals who may pose a threat to themselves, officers, or others, particularly in situations involving resistance or potential violence. It is explicitly categorised as a less-than-lethal option in official operational guidelines.
Despite its classification as “non-lethal,” OC spray can cause intense pain, coughing, temporary loss of vision and in rare cases, respiratory distress. The U.S. Department of Justice and other studies note that people with underlying health issues, such as asthma or lung conditions, may face a heightened risk of severe complications or death after exposure.
Recent years have seen increased public debate and legal scrutiny around the use of OC spray by police in Australia — particularly in incidents where individuals experiencing mental health crises or distress were sprayed during welfare checks and protests — with some cases leading to lawsuits and criminal charges against officers for excessive force.
Such scrutiny has intensified calls from some legal and civil rights advocates for stricter rules on when pepper spray should be deployed and for greater transparency around police use-of-force incidents.
Public Reaction and Legal Framework
While formal reactions from the man’s family have not yet been publicly disclosed, past cases involving police use of OC spray have drawn significant community attention and sometimes anger — particularly when fatalities occur or when vulnerable individuals are involved.
Under New South Wales law, any death or serious injury that occurs in circumstances involving police actions triggers mandatory critical incident investigations and reporting to both the LECC and the Coroner’s Court. These mechanisms are intended to ensure independent review and accountability, while balancing operational needs and public safety.
Context: Previous Cases and Broader Policing Issues
The recent incident echoes earlier controversies in NSW over deaths in police custody or following forceful interactions. For example, a 2012 case involving the death of Brazilian national Roberto Laudisio Curti after being sprayed with capsicum spray and restrained by officers drew public attention and a coronial inquest.
Similarly, other Australian jurisdictions have grappled with legal challenges and inquiries into the use of pepper spray and Tasers, especially in the context of mental health crises, leading to debates about training, appropriate force levels and alternatives.
What Comes Next: Investigation and Coroner’s Inquest
The critical incident team’s investigation — alongside the Professional Standards Command and LECC oversight — will compile a detailed account of the events leading up to the man’s death, including body-worn camera footage, officer statements, witness accounts and medical evidence.
Following this phase, a Coroner’s inquest may be convened to formally examine the cause of death and make recommendations for policing practices, potential policy changes and risk mitigation strategies. Inquests serve a dual purpose of public transparency and systemic learning, especially in incidents involving law enforcement.
Balancing Public Safety and Policing Practices
This tragic case underscores the delicate balance law enforcement agencies must strike between responding decisively to potential threats — such as alleged domestic disputes — and protecting the health and rights of individuals in police custody.
As the community waits for further details from investigators and the coroner, broader questions about policing practices, use-of-force policies and accountability mechanisms are likely to remain in public focus across NSW and beyond. The outcome of the investigation and any official findings may influence future training, oversight and legislative frameworks governing police responses in critical incidents.
7 years in the field, from local radio to digital newsrooms. Loves chasing the stories that matter to everyday Aussies – whether it’s climate, cost of living or the next big thing in tech.
