A man who fatally stabbed a British tourist in a regional Australian town has been found not criminally responsible due to mental illness. Royce Mallett, a 30-year-old father of two from County Durham, was attacked in the car park of a motel in Albury, New South Wales, on July 8, 2024.Court proceedings revealed that Mallett had just entered his car outside the Hume Inn when David Summers-Smith approached and, without saying a word, reached through the window and stabbed him once in the chest with a steak knife.Despite efforts by bystanders and paramedics, Mallett died shortly after the attack.
Court finds ‘act proven but not criminally responsible’
During the trial, Summers-Smith pleaded not guilty on the grounds of mental impairment. Justice Dina Yehia ruled that while he did commit the act, he could not be held criminally responsible because of his condition.In her judgment, the court accepted that Summers-Smith, who has schizophrenia, was experiencing a severe psychotic episode at the time and was unable to understand that his actions were wrong. The verdict was recorded as “act proven but not criminally responsible.”He has now been ordered to be held indefinitely in a mental health facility, with his condition to be periodically reviewed by the Mental Health Review Tribunal.
History of schizophrenia and substance use
The court heard that the 29-year-old had a long history of schizophrenia, with symptoms that had not responded effectively to treatment. He was under a community treatment order at the time of the incident.Psychiatrists testified that he was experiencing delusions and paranoia and lacked insight into his illness. In the lead-up to the attack, he had also been self-medicating with crystal methamphetamine (“ice”) and cannabis, which may have worsened his psychotic state.
Family’s grief and unanswered questions
Victim impact statements highlighted the devastating toll on Mallett’s family. His partner, Caitlin O’Keeffe, said she now faces raising their two children alone, adding that the loss would affect “every future moment that he should have been part of.”Mallett’s father described losing not just a son but his “best friend,” saying he now struggles to find joy or motivation in daily life.The family also questioned how Summers-Smith, given his treatment-resistant schizophrenia, had been allowed to remain in the community.Summers-Smith will remain in secure psychiatric care, with authorities monitoring any signs of recovery. The tribunal has the authority to revise his detention order depending on his mental health progress.Justice Yehia noted that the single act of violence was “both catastrophic and tragic,” leaving lasting consequences for all involved.
