A 52-year-old man has died in hospital after suffering a medical episode during an arrest at a home in Sydney’s west, prompting a critical incident investigation and renewed scrutiny of police use of pepper spray.
New South Wales Police said officers were called to a residence in Homebush about 8.30am on Monday following reports of an alleged domestic and family violence-related incident. When officers attempted to arrest a man at the property, OC spray — commonly known as pepper spray — was deployed.
Police said the man subsequently suffered a medical episode. Paramedics treated him at the scene before he was transported to hospital in a critical condition. He later died on Monday evening.
NSW Police confirmed that a critical incident investigation is underway, a standard process triggered when a person dies or is seriously injured following police action. The investigation will examine the circumstances surrounding the arrest, including the use of OC spray, and will be subject to an independent review. A report will also be prepared for the state coroner.
The Law Enforcement Conduct Commission (LECC), the independent police watchdog, said it had been notified of the incident and would oversee the investigation, as required under NSW law.
The death has raised questions about the safety and use of pepper spray, particularly in situations involving individuals experiencing medical distress. Asked on Tuesday whether the incident suggested police should stop using OC spray, NSW Police Commissioner Mal Lanyon cautioned against drawing early conclusions.
“In terms of this particular incident, it’s very premature,” Lanyon said. “The reason that we have a critical incident investigation is to look at that. There may well have been a medical condition that may have been exacerbated by [OC spray].”
Lanyon stressed that OC spray remains a non-lethal option used by police to manage confrontations and reduce risk to officers and the public. “OC spray is a non-lethal option that police have, and it’s designed to make sure that we can police safely,” he said.
“Tragically, a person has passed away. I think it’s fair that we allow the process to go through now, investigate that matter and allow the coroner oversight.”
Police did not disclose further details about the man’s medical history, the nature of the alleged domestic violence incident, or the duration of the arrest, citing the ongoing investigation.
OC spray is widely used by police across Australia and internationally as a compliance tool. While generally classified as non-lethal, its use has occasionally been linked to serious medical complications, particularly in people with underlying health conditions, drug intoxication, or respiratory issues. Medical experts have previously warned that stress, physical restraint, and chemical irritants can combine to increase the risk of cardiac or respiratory failure in vulnerable individuals.
Advocates and legal groups have long called for greater transparency and tighter guidelines around use-of-force incidents that result in death or serious injury. They argue that independent oversight is crucial to maintaining public trust, particularly in cases involving domestic violence callouts, which are among the most volatile and high-risk situations police attend.
NSW Police said specialist investigators from outside the local command are conducting the critical incident investigation to ensure impartiality. The LECC will monitor the process and may conduct its own inquiries if deemed necessary.
