The man who fatally stabbed a British tourist in a regional Australian town has been found not criminally responsible by reason of mental illness. Royce Mallett, a 30-year-old father of two from County Durham, was attacked in a hotel car park in Albury, New South Wales, on 8 July 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 the efforts of bystanders and paramedics, Mallett died shortly after the attack.
The court finds that “the act is proven, but he is not criminally responsible.”
During the trial, Summers-Smith pleaded not guilty on the grounds of mental disability. Judge Dina Yahya ruled that although he committed the act, he could not be held criminally liable due to his condition.In its ruling, the court accepted that Summers-Smith, who suffers from schizophrenia, was experiencing an acute 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 liable”.He has now been ordered to be detained indefinitely in a mental hospital, with his condition to be reviewed periodically by the Mental Health Review Tribunal.
History of schizophrenia and substance abuse
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 subject to a community treatment order at the time of the incident.Psychiatrists testified that he suffered from 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 grief and unanswered questions
Victim impact statements highlighted the devastating toll on the Mallett family. His partner, Caitlin O’Keefe, said she was now faced with raising her two children alone, adding that the loss would impact “every future moment he should have been a part of.”Mallett’s father described losing not only his son, but his “best friend”, saying he now struggles to find joy or motivation in everyday life.The family also wondered how Summers-Smith could be allowed to remain in the community, given his resistance to schizophrenia.Summers-Smith will remain in secure psychiatric care, with authorities monitoring for any signs of recovery. The court has the power to review his detention order depending on the development of his mental health.Judge Yahya noted that the single act of violence was “both catastrophic and tragic” and left lasting consequences for all involved.