David Summers-Smith Declared Not Criminally Responsible For Stabbing British Tourist Royce Mallett In Albury

A British tourist, Royce Mallett, was fatally stabbed in the chest in the car park of a motel in Albury, New South Wales, on 8 July 2024, and the man who killed him, David Summers-Smith, was later found to have committed the murder but not to be criminally responsible due to mental illness.

“A man who killed a British father-of-two in an Australian town has been declared mentally unfit to stand trial”

AOL

The NSW Supreme Court proceedings described that Mallett, a 30-year-old father of two from County Durham, had just entered his car outside the Hume Inn when Summers-Smith approached and, without saying a word, reached through the window and stabbed him once with a steak knife.

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Supreme Court Justice Dina Yehia determined on Tuesday that Summers-Smith did commit the murder but could not be held criminally responsible, returning the verdict recorded as “act proven but not criminally responsible.”

Yehia ordered Summers-Smith to be held indefinitely in a mental health facility, with any potential recovery monitored by the Mental Health Review Tribunal, which has the power to revise his detention order.

The court heard that the two men were strangers and had been staying at the same motel at the time of the attack, and that Summers-Smith fled immediately after the stabbing.

The Australian Broadcasting Corporation reported that Summers-Smith called police several hours later and admitted to stabbing Mr Mallett, and the BBC said he again admitted to the act when arrested.

In a written judgment, Yehia said: "The result of that one act was both catastrophic and tragic."

The court’s reasoning centered on whether Summers-Smith knew his act was wrong at the time of the stabbing, and multiple outlets quoted Justice Dina Yehia’s explanation of the mental impairment standard.

Sky News reported that Yehia said she was satisfied Summers-Smith had established “on a balance of probabilities” that at the time he stabbed the deceased, he was suffering from a mental health impairment that meant he “did not know that the act was wrong.”

Australian Broadcasting Corporation

The Mirror and Rayo also reproduced Yehia’s formulation that he “could not reason with a moderate degree of sense and composure about whether the act, as perceived by reasonable people, was wrong.”

The Times of India similarly described that the court accepted Summers-Smith, who has schizophrenia, was experiencing a severe psychotic episode and was unable to understand that his actions were wrong.

The BBC added that the court heard Summers-Smith had a history of schizophrenia and psychotic symptoms which “haven't responded to medication,” and that he was receiving court-ordered treatment in the community at the time of the crime.

The BBC and The Times of India both described that psychiatrists said he was self-medicating with crystal methamphetamine (“ice”) and cannabis in the lead-up to the attack.

The court also heard that Summers-Smith bought the steak knife hours before the stabbing, and that he did not say anything as he fled the scene.

The psychiatric evidence described Summers-Smith’s schizophrenia as treatment-resistant and linked it to delusions, paranoia, and a relapse of psychosis at the time of the killing.

“Man who murdered UK dad in Australia declared mentally unfit for trial A man who murdered a British tourist in a regional Australian town has been declared mentally unfit for trial”

BBC

The Times of India said the court heard he had a “long history of schizophrenia” with symptoms that had “not responded effectively to treatment,” and that he was under a community treatment order at the time of the incident.

It reported that psychiatrists testified he was experiencing delusions and paranoia and lacked insight into his illness, and that he had been self-medicating with crystal methamphetamine (“ice”) and cannabis, which “may have worsened his psychotic state.”

The BBC similarly said psychiatrists who assessed him reported he displayed ongoing delusional beliefs and lacked insight into his illness and treatment needs, and that his psychotic symptoms “haven't responded to medication.”

The Australian Broadcasting Corporation described that the court accepted expert evidence that Summers-Smith had a history of treatment-resistant schizophrenia and was experiencing a relapse of psychosis due to the illness at the time of the attack.

That outlet also said the court heard psychiatric reports from Dr Richard Furst and Dr Kerri Eagle, with Dr Furst telling the court Summers-Smith was “most likely irrational and paranoid” at the time of the killing.

It added that Dr Eagle said the man was experiencing delusions and hallucinations, which affected his understanding of reality.

While the court’s verdict turned on mental impairment, the proceedings also included victim impact statements describing the personal and financial consequences of Royce Mallett’s death.

Sky News reported that Caitlin O’Keeffe, Mallett’s partner, said his death has caused “immense emotional and financial strain for the family,” and it quoted her statement that “It affects not just today but every future moment that he should have been part of, and everyday moments that he's already missed.”

Rayo

The BBC likewise quoted O’Keeffe’s letter telling the court: “It affects not just today, but every future moment that he should have been part of, and everyday moments that he's already missed,” and said she is now faced with having to raise their children alone.

The Times of India described that Mallett’s partner said she now faces raising their two children alone and that the loss would affect “every future moment that he should have been part of.”

The Mirror and Rayo both reported that Mallett’s father, Roy, struggled to find motivation and described losing not only his son but his “best friend,” with the Mirror stating he no longer enjoys the hobbies he used to share with his son.

The BBC said Mallett’s father told the court he had lost not only his son, but his “best friend”, and struggled to find enjoyment in life or motivation to do anything.

Australian Broadcasting Corporation added further detail, saying Mallett’s parents travelled from the UK to be present in court and that his mother Felicity recalled his “cheeky smile” and “brainwave of business ideas.”

After the verdict, Summers-Smith remains in custody in a mental health facility under an indefinite detention order, and the Mental Health Review Tribunal is set to periodically review his condition and detention order.

“A judge found Royce Mallett's killer, who was displaying symptoms of psychosis at the time of the knife attack, did commit the murder but could not be held criminally responsible”

Sky News

The BBC said his case will be periodically reviewed by the Mental Health Review Tribunal, which will monitor any potential recovery and have the power to revise his detention order.

The Mirror

Sky News likewise said any potential recovery will be monitored by the Mental Health Review tribunal, which has the power to revise his detention order.

The Times of India reported that 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.

The Mirror stated that Supreme Court justice Yehia ordered Summers-Smith to be held indefinitely in a mental health facility, and that his potential recovery will be monitored by the Mental Health Review tribunal, which has the power to potentially revise his detention order.

The Australian Broadcasting Corporation said “Summers-Smith remains in custody,” and described the court’s acceptance of expert evidence that he was unable to reason whether his actions were wrong.

Across the outlets, the court’s decision also meant the legal process did not proceed to a standard criminal trial in the way the public might expect, with Sky News describing him as “declared mentally unfit for trial.”