A man who stabbed a British tourist to death in an Australian country 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 a motel car park in Albury, New South Wales, on 8 July 2024.Court proceedings revealed that Mallett had just entered his car outside the Hume Hotel when David Summers-Smith approached, wordlessly reached through the window and stabbed him in the chest with a steak knife.Despite the efforts of bystanders and paramedics, Mallett died shortly after the attack.
The court found that “the conduct was proven but not criminally responsible”
During the trial, Summers-Smith pleaded not guilty by reason of mental disorder. Judge Dina Yehia ruled that while he did commit the act, he could not be held criminally responsible because of his condition.In its sentencing, the court acknowledged that Summers-Smith, who suffers from schizophrenia, was experiencing a severe psychotic episode and was unable to understand that his actions were wrong. The verdict was recorded as “conduct proven but not criminally responsible”.He has now been ordered to remain in a mental health facility indefinitely and his condition will be reviewed regularly by a Mental Health Review Tribunal.
History of schizophrenia and substance abuse
The court heard the 29-year-old had a long history of schizophrenia and his symptoms had not responded effectively to treatment. He was serving a community treatment order at the time of the incident.Psychiatrists confirmed that he suffered from delusions and paranoia and lacked insight into his condition. He also self-medicated with crystal methamphetamine (“ice”) and cannabis before the attack, which may have exacerbated his psychotic state.
Family’s grief and unanswered questions
Victim impact statements highlighted the devastating loss suffered by Mallett’s family. His partner, Caitlin O’Keeffe, said she now faced raising two children alone, adding that the loss would affect “every future moment he would have been a part of”.Mallett’s father described losing not only a son but also his “best friend” and said he now struggles to find joy or motivation in his daily life.The family also questioned how Summers-Smith, who has treatment-resistant schizophrenia, was allowed to remain in the community.Summers-Smith will continue to receive secure psychiatric care and authorities will monitor any signs of recovery. The court has the power to modify his detention order based on his mental health condition.Judge Yehia noted that a single act of violence was “both catastrophic and tragic” and left lasting consequences for all involved.
