A man who stabbed a British tourist to death 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 heard that Mallett had just got into 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 the efforts of bystanders and paramedics, Mallet died shortly after the attack.
Court found ‘act is proven but not criminally responsible’
During the trial, Summers-Smith pleaded not guilty on the grounds of mental infirmity. Justice Dina Yehia ruled that although she had committed the act, she could not be held criminally responsible because of her condition.In its decision, the court acknowledged that Summers-Smith, who suffers from schizophrenia, was experiencing a severe psychotic episode at the time and was unable to understand that her actions were wrong. The verdict was recorded as “conviction but not criminally responsible”.He has now been ordered to be held in a mental health facility indefinitely, with his situation subject to periodic review by the Mental Health Review Tribunal.
History of schizophrenia and substance use
The court heard the 29-year-old had a long history of schizophrenia, whose symptoms were not responding 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 was not aware of his illness. In the lead up to the attack, he was also self-medicating with crystal methamphetamine (“ice”) and cannabis, which may have worsened his mental condition.
Family grief and unanswered questions
Victim impact statements highlighted the devastating impact Mallet had on the family. His partner, Caitlin O’Keeffe, said she was now faced with raising their two children alone, adding that the loss would “impact every moment of the future they were supposed to be a part of.”Mallet’s father described losing not only a son but also his “best friend”, saying he now struggled to find joy or inspiration in daily life.The family also questioned how Summers-Smith was allowed to live in the community given her treatment-resistant schizophrenia.Summers-Smith will remain in secure psychiatric care, with officers monitoring him for any signs of improvement. The tribunal has the power to modify his custody order depending on the progress of his mental health.Justice Yehia said that a single act of violence was “devastating and tragic” that would have lasting consequences for all involved.