{"id":512216,"date":"2026-03-01T17:41:15","date_gmt":"2026-03-01T17:41:15","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/512216\/"},"modified":"2026-03-01T17:41:15","modified_gmt":"2026-03-01T17:41:15","slug":"less-lethal-deaths-courts-examine-role-of-controversial-police-weapons-before-three-australians-died-australian-police-and-policing","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/512216\/","title":{"rendered":"\u2018Less lethal\u2019 deaths: courts examine role of controversial police weapons before three Australians died | Australian police and policing"},"content":{"rendered":"<p class=\"dcr-130mj7b\">At least three people died within four months of one another after being shot with \u201cless lethal\u201d projectiles and stun guns at their homes, sparking a series of inquests and civil cases that could overhaul how police officers use force.<\/p>\n<p class=\"dcr-130mj7b\">Police forces have argued the projectiles \u2013 such as bean-bag and foam baton rounds fired from weapons similar to shotguns and other launchers \u2013 provide officers with a less harmful alternative to firearms.<\/p>\n<p class=\"dcr-130mj7b\">But the projectiles have been linked to deaths around the world, and critics have argued that their continued increase in police arsenal has not been matched by commensurate increases in accountability and oversight.<\/p>\n<p class=\"dcr-130mj7b\">The use of the so-called \u201cless lethal\u201d weapons in incidents that led to the deaths of three people in NSW and <a href=\"https:\/\/www.theguardian.com\/australia-news\/victoria\" data-link-name=\"in body link\" data-component=\"auto-linked-tag\" rel=\"nofollow noopener\" target=\"_blank\">Victoria<\/a> has now come under scrutiny.<\/p>\n<p class=\"dcr-130mj7b\">In July 2023, Mark Smith was shot five times with \u201cless-lethal\u201d projectiles and Tasered 14 times by police, a Victorian inquest has heard. His death came two months before Krista Kach was Tasered and hit in the chest with a bean-bag round from a \u201cSuper-Sock\u201d shotgun fired by NSW police in Newcastle.<\/p>\n<p class=\"dcr-130mj7b\">Steven Woodhouse died that November after allegedly being shot with bean-bag rounds and a Taser in Reservoir, in Melbourne\u2019s north, by the Victorian Critical Incident Response Team (Cirt) \u2013 the same police unit involved in Smith\u2019s death.<\/p>\n<p class=\"dcr-130mj7b\">Victoria police also faced at least two other recent court cases regarding injuries caused by \u201cless lethal\u201d projectiles fired at protesters.<\/p>\n<p class=\"dcr-130mj7b\">A coroner planned to deliver findings into Smith\u2019s death later this year, and an inquest in Kach\u2019s death was due to start on 2 March.<\/p>\n<p class=\"dcr-130mj7b\">Meanwhile, Woodhouse\u2019s older sister, Shaye Woodhouse, filed a supreme court case against the state in December, alleging the death of her 29-year-old brother was caused by catastrophic injuries inflicted by police.<\/p>\n<p>Bean-bag rounds reintroduced<\/p>\n<p class=\"dcr-130mj7b\">Kach\u2019s family questioned why her death had taken so long to come before a coroner.<\/p>\n<p class=\"dcr-130mj7b\">\u201cIn the time since our mum\u2019s death and the date of the coronial hearing, there have been more cases,\u201d the family said in a statement.<\/p>\n<p class=\"dcr-130mj7b\"><a href=\"https:\/\/www.theguardian.com\/email-newsletters?CMP=copyembed&amp;CMP=emailbutton\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">Sign up: AU Breaking News email<\/a><\/p>\n<p class=\"dcr-130mj7b\">The family also questioned the use of \u201cless lethal\u201d weapons on their mother. \u201cWe had never heard of a bean-bag to be used on a woman experiencing a major mental health crisis before \u2013 and we had no idea they had plans to use it on her,\u201d they said. \u201c[Police] need serious reform on why and how they use any \u2018less than lethal\u2019 weapons.\u201d<\/p>\n<p class=\"dcr-130mj7b\">The postmortem report on Kach, 47, described the cause of death as a \u201cgunshot wound to the chest\u201d, after she was Tasered and hit with a bean bag-style round from a Super-Sock shotgun after a long standoff with police in Newcastle.<\/p>\n<p>The use of bean-bag rounds was suspended by NSW police after Krista Kach\u2019s death, but has since been reintroduced. Photograph: Livestream<\/p>\n<p class=\"dcr-130mj7b\">\u201cIt would appear that the beanbag round, or the Super-Sock round as it\u2019s known by the manufacturers, has entered the body of the deceased and ended up striking her heart, causing her death,\u201d the NSW police acting commissioner, David Hudson, said <a href=\"https:\/\/www.abc.net.au\/news\/2023-09-19\/police-suspend-use-of-bean-bag-rounds-newcastle-krista-kach\/102873012\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">at the time<\/a>.<\/p>\n<p class=\"dcr-130mj7b\">\u201cIt was a less than lethal option that was taken and unfortunately on this occasion, as it has done around the world on very few occasions, has resulted in a death.\u201d<\/p>\n<p class=\"dcr-130mj7b\">The use of bean-bag rounds was suspended by NSW police after Kach\u2019s death but has since been reintroduced.<\/p>\n<p class=\"dcr-130mj7b\">As part of <a href=\"https:\/\/www.theguardian.com\/australia-news\/2025\/sep\/27\/like-being-stabbed-in-the-eye-the-risk-of-serious-injury-by-police-at-protests-is-escalating-experts-warn\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">a previous investigation<\/a> into less lethal tools, Guardian Australia obtained records of use of force by NSW police since 2020. While the documents logged incidents where OC spray, batons and stun guns were used, projectiles were not included as a category.<\/p>\n<p class=\"dcr-130mj7b\">In 2023, <a href=\"https:\/\/www.abc.net.au\/news\/2023-09-19\/police-suspend-use-of-bean-bag-rounds-newcastle-krista-kach\/102873012\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">NSW police said<\/a> that bean-bag rounds had been used in at least 15 high risk incidents, but this was not included in the use of force statistics.<\/p>\n<p class=\"dcr-130mj7b\">A year before Smith and Woodhouse died, the Victorian Cirt was <a href=\"https:\/\/www.theguardian.com\/australia-news\/2022\/oct\/25\/victoria-police-team-involved-in-violent-arrests-will-put-public-at-risk-if-not-overhauled-ibac-says\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">savaged in a report<\/a> by the Independent Broad-based Anti-corruption Commission for inaccurately recording uses of force and acting inconsistently with the charter of human rights.<\/p>\n<p class=\"dcr-130mj7b\">Separately, two protesters shot with projectiles in 2021 are also taking legal action against Victoria police in the county court.<\/p>\n<p class=\"dcr-130mj7b\">Both alleged they were shot with little warning, causing wounds that required continuing treatment. One of the cases settled in December.<\/p>\n<p class=\"dcr-130mj7b\">\u201cThe projectile left a wound the size of a 20 cent coin next to my spine which required surgery and has left an unsightly scar,\u201d the protester whose case remains open said.<\/p>\n<p class=\"dcr-130mj7b\">\u201cI felt humiliated, degraded, and was left questioning what I had done wrong.\u201d<\/p>\n<p>In 2023, NSW police said that bean-bag rounds had been used in at least 15 high risk incidents, but this was not included in the use of force statistics. Photograph: Portland Press Herald\/Getty Images<\/p>\n<p class=\"dcr-130mj7b\">Robinson Gill lawyer Jeremy King, whose clients include people shot by Victoria police with Tasers or less lethal projectiles, said the weapons used were similar to those used by ICE in the US.<\/p>\n<p class=\"dcr-130mj7b\">\u201cThere\u2019s almost zero oversight over that type of weaponry, how they are using it, and how much it costs,\u201d he said.<\/p>\n<p class=\"dcr-130mj7b\">A Victoria police spokesperson said bean-bag rounds had not been used since 2020, but could not comment on the deaths of Smith or Woodhouse.<\/p>\n<p class=\"dcr-130mj7b\">The force has previously said publicly that it uses 40mm baton rounds in tactical operations, including at protests in 2025.<\/p>\n<p class=\"dcr-130mj7b\">The police spokesperson said the civil case settled with the protester shot with a less-lethal round in 2021 was resolved after consideration of litigant guidelines that require the state to handle such claims fairly, promptly and consistently.<\/p>\n<p class=\"dcr-130mj7b\">\u201cOnly a small number of civil matters have been filed against Victoria police regarding non-lethal tactical options,\u201d the spokesperson said.<\/p>\n<p>Fuse-box effect<\/p>\n<p class=\"dcr-130mj7b\">The exact weapons used during the incident involving Smith have been suppressed by the Victorian coroner\u2019s court at the request of police, despite Guardian Australia arguing for any restrictions on publication to be lifted.<\/p>\n<p class=\"dcr-130mj7b\">The type of stun gun used during Smith\u2019s arrest is no longer in use by the critical incident response team.<\/p>\n<p class=\"dcr-130mj7b\">His death came after a \u201cseries of dominoes\u201d fell, the senior police officer who conducted an internal review into the death told the inquest in February. Smith was armed with a sword and a knife, and had made threats against his neighbour before police responded.<\/p>\n<p class=\"dcr-130mj7b\">The inquest heard Smith was familiar with how Cirt operated, and was previously unaffected by the use of OC spray.<\/p>\n<p class=\"dcr-130mj7b\">He was shot with less lethal rounds, before he was Tasered \u2013 including in the head and while the device was set to \u201cdrive-stun\u201d mode as he was under a riot shield.<\/p>\n<p class=\"dcr-130mj7b\">Drive-stun mode is described by the weapon\u2019s manufacturer as a \u201cpain compliance option\u201d that can only be used when the Taser is pushed firmly against a person, as opposed to deploying the probes typically used when the device is fired.<\/p>\n<p class=\"dcr-130mj7b\">Acting Supt Ilsa Wakeling told the inquest that the Cirt was decreasing the amount of Tasers used in incidents in general, because the weapons were unreliable.<\/p>\n<p class=\"dcr-130mj7b\">Counsel assisting the coroner, Rachel Ellyard, has said it was open to find Smith had lost consciousness, dropped his weapons and was under the shield before at least one of the deployments of the Taser in drive-stun mode.<\/p>\n<p class=\"dcr-130mj7b\">Ellyard told the inquest that deputy state coroner Paresa Spanos could find that this use of force by police did not comply with its own guidelines, though the others did. There was no suggestion any use of force was unlawful, Ellyard said.<\/p>\n<p class=\"dcr-130mj7b\">Dr Paul Bedford, a forensic pathologist at the Victorian Institute of Forensic Medicine, told the inquest that Smith died from a cardiac arrest. But he outlined three factors that could have cause the death \u2013 pre-existing cardiac issues, including an enlarged heart and narrowed arteries, in the context of a stressful situation; Smith\u2019s use of methamphetamine; and the constraints placed upon him by police.<\/p>\n<p class=\"dcr-130mj7b\">Any of three of the factors could have caused his death individually, let alone when they occurred in tandem, Bedford said. In this way, he said Smith\u2019s death was like an \u201ceggshell skull\u201d case.<\/p>\n<p class=\"dcr-130mj7b\">The use of Tasers could have been a factor, with Bedford agreeing that the impact on the heart could have been similar to blowing a fuse box when too much charge is put through it.<\/p>\n<p class=\"dcr-130mj7b\">Bedford told the inquest of five large distinct bruises on Smith\u2019s thigh and buttocks where projectiles had hit him. He said extensive bruising increased the likelihood of cardiac arrest, as it would have lowered the amount of blood available in the body to circulate to the heart.<\/p>\n<p class=\"dcr-130mj7b\">Smith\u2019s mother, Arita Smith, said in a submission at his inquest that more had to be done to prevent similar deaths.<\/p>\n<p class=\"dcr-130mj7b\">\u201cI have sat and listened to all of the evidence that has been presented, and I still ask myself: \u2018Is there a better way?\u2019\u201d Smith said.<\/p>\n<p class=\"dcr-130mj7b\">\u201cSitting in the court room has not been easy, but it\u2019s the last thing I can do for him.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"At least three people died within four months of one another after being shot with \u201cless lethal\u201d projectiles&hellip;\n","protected":false},"author":2,"featured_media":512217,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[64,63,44],"class_list":["post-512216","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-au","tag-australia","tag-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/512216","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=512216"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/512216\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/512217"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=512216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=512216"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=512216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}