A man who suffered a medical episode after he was pepper-sprayed by police has died in hospital.
The 52-year-old had not been charged with any offence but NSW Police used oleoresin capsicum (OC) spray while arresting him to prevent a "breach of the peace" as they responded to reports of a domestic violence incident in Sydney's inner west on Monday morning.
He experienced a medical episode soon after the arrest and was treated by paramedics before being hospitalised in a critical condition, police said.
The man died at Westmead Hospital that night.
A critical incident has been declared as a police strike force investigates the circumstances around the arrest.
The probe will be independently reviewed by the NSW Police Professional Standards Command and the law enforcement watchdog.
NSW Police guidelines for OC sprays state they may be used to protect human life or animals, or as a "less than lethal option for controlling people, where violent resistance or confrontation occurs (or is likely to occur)".
OC sprays can cause pain, coughing, temporary blindness, and breathing difficulties, and people with asthma or pulmonary conditions, or children, are at greater risk of death, a report from the US Department of Justice has found.
In 2022, NSW Police launched a critical incident investigation when a 41-year-old man died following his arrest using OC spray after he had been walking in the middle of the M5 motorway.
The man lost consciousness soon after the arrest and was taken to hospital where he could not be revived.
Police use of capsicum spray at protests has also come under scrutiny after it was allegedly deployed on a 13-year-old boy at a Palestine rally in 2024 and a group of anti-war protesters at the Indo Pacific Naval Defence Expo in November.
The Melbourne Supreme Court in December found police use of the spray on a climate protester constituted battery and was unlawful, ordering the state of Victoria to pay $54,000 in damages to the activist.
