A man who murdered a British father-of-two in an Australian car park will not stand trial after a judge ruled he was not criminally responsible due to mental impairment.
Details of the Attack
Royce Mallett, a 42-year-old father of two from County Durham, was visiting the town of Albury in New South Wales in July 2024 when he was stabbed in the chest while sitting in the driver's seat of a car parked outside the Hume Inn Motel. The attacker, David Summers-Smith, 29, pleaded not guilty to murder on the grounds of mental impairment.
The court heard that the two men were strangers and had been staying at the same motel at the time of the attack. Summers-Smith leaned into the British man's car window and plunged a knife into his chest once, the court was told. He had purchased the steak knife used in the killing just hours before the incident.
Judge's Ruling
Supreme Court Justice Dina Yehia determined that Summers-Smith did murder Mr Mallett but could not be held criminally responsible. In a written judgment, Justice Yehia said: "The result of that one act was both catastrophic and tragic." She added: "I am satisfied that the accused has established on a balance of probabilities that at the time he stabbed the deceased, he was suffering from a mental health impairment that had the effect that he did not know that the act was wrong: that is, he could not reason with a moderate degree of sense and composure about whether the act, as perceived by reasonable people, was wrong."
Mental Health History
The court heard that Summers-Smith had a history of schizophrenia and psychotic symptoms that have not responded to medication. He was receiving court-ordered treatment in the community at the time. Psychiatrists who assessed him reported that he had been "self-medicating" with crystal methamphetamine and cannabis prior to the attack. They said he showed ongoing delusional beliefs and lacked insight into his illness and the treatment it required.
Aftermath and Victim Impact
Summers-Smith called police after the attack and admitted to the stabbing. Bystanders and emergency services rushed to the scene, but Mr Mallett died a short time later. Justice Yehia ordered Summers-Smith to be held indefinitely in a mental health facility. He will be monitored by the Mental Health Review Tribunal, which has the power to potentially revise his detention order if he recovers.
In a victim impact statement read out by Justice Yehia, Mr Mallett's partner Caitlin O'Keeffe said his death has led to immense emotional and financial strain for the family. She now faces raising their children alone. In a letter, she said: "It affects not just today but every future moment that he should have been part of, and everyday moments that he's already missed." The court also heard from Mr Mallett's father, Roy, who said he not only lost his son but his "best friend." He added that he no longer enjoys the hobbies he used to share with his son and struggles to find motivation to do anything.
