A 52-year-old man pepper sprayed during his arrest in Sydney’s west died after being taken to the hospital.
Police were called to the address in Homebush at about 8.30am on Monday in response to reports of an alleged domestic violence incident.
During the arrest inside the unit, officers deployed pepper spray, according to a statement from police. A critical investigation has been launched.
Not long afterwards, the man experienced what police described as a “medical episode”.
The New South Wales ambulance 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 to be 8.30pm on Monday.
A crime scene has been established, and the conduct of the police is under investigation.
“The investigation will remain to be subject of an independent review by the Professional Standards Command and oversight by the Law Enforcement Conduct Commission,” police said in a statement.
“A report will be prepared for the information of the Coroner.”
NSW Police policy allows oleoresin capsicum (or OC) spray – OC is the active ingredient in pepper sprays – to be deployed to safeguard people or animals, or as a “less than lethal option for controlling people, where violent resistance or confrontation occurs (or is likely to occur)”.
According to a report by the US Department of Justice, exposure to OC spray can trigger intense pain, coughing, short-term loss of vision and respiratory distress. The report also found that individuals with asthma or other lung conditions, as well as children, face a heightened risk of death.
In 2022, NSW Police opened a critical incident probe after a 41-year-old man died following his arrest, during which officers used OC spray. The man had been walking along the M5 motorway and later collapsed, losing consciousness shortly after being taken into custody. He was transported to a hospital but could not be resuscitated.
The deployment of OC spray by police has also drawn attention in recent protests. Allegations have included its use on a 13-year-old at a Palestine rally in 2024, as well as on anti-war demonstrators at the Indo-Pacific Naval Defence Expo in November.
Last month, climate protesters in Australia won a landmark class action against Victoria police over the use of OC spray at a 2019 anti-mining protest in Melbourne.
The Supreme Court found police unlawfully assaulted protester Jordan Brown by spraying him twice, causing physical and psychological harm, and awarded him Australian $54,000 in damages.
While police argued the spray was lawfully used to manage a tense crowd, the judge ruled it was unjustified in this case. The decision was the first of its kind against Victoria police over OC spray, though the judge said it did not set a general precedent.
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