A 52-year-old man has died in Sydney after police officers used pepper spray during his arrest, prompting a critical incident investigation into the conduct of the force.
Details of the fatal incident
New South Wales Police were called to an address in the suburb of Homebush at approximately 8.30am on Monday, 6 January 2026, following reports of an alleged domestic violence incident. During the arrest inside a residential unit, officers deployed oleoresin capsicum (OC) spray, commonly known as pepper spray.
Shortly after the spray was used, the man suffered what authorities described as a "medical episode". Paramedics from NSW Ambulance treated him at the scene before rushing him to Westmead Hospital in a critical condition. He was later pronounced dead at 8.30pm on Monday.
Launch of a critical investigation
A crime scene was immediately established, and the actions of the officers involved are now under intense scrutiny. In an official statement, police confirmed that a critical investigation has been launched.
The statement further noted: "The investigation will remain to be subject of an independent review by the Professional Standards Command and oversight by the Law Enforcement Conduct Commission. A report will be prepared for the information of the Coroner."
Risks and recent controversies surrounding OC spray
NSW Police policy permits the use of OC spray to protect people or animals, or as a less-than-lethal option when facing violent resistance. However, its deployment carries significant risks.
A US Department of Justice report highlights that exposure can cause severe pain, coughing, temporary blindness, and respiratory distress. The report also warns that individuals with pre-existing conditions like asthma, as well as children, face a heightened risk of death.
This tragic event echoes a similar case in 2022, when NSW Police opened a critical incident probe after a 41-year-old man died following his arrest where OC spray was used.
The use of pepper spray by Australian police has been contentious in recent years, facing allegations of misuse at protests. Notably, climate protesters recently won a landmark class action against Victoria Police over the unlawful use of OC spray at a 2019 anti-mining demonstration in Melbourne, resulting in damages being awarded.
