Man who killed British father-of-two in Australia not fit for trial
Royce Mallett, a 30-year-old visiting from County Durham, was killed in 2024
Royce Mallett, a 30-year-old from County Durham, was visiting Albury, New South Wales, when he was killed.
Mallett was stabbed in the chest while seated in his car outside the Hume Inn Motel.
His attacker, David Summers-Smith, pleaded not guilty due to mental impairment.
On Tuesday, Supreme Court justice Dina Yehia declared Summers-Smith not criminally responsible due to schizophrenia and psychosis.
Justice Yehia stated, “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.”
Summers-Smith will be detained indefinitely at a mental health facility.
Mr Mallett's partner, Caitlin O’Keeffe, expressed in a victim impact statement that his death has created immense emotional and financial strain for the family.
“It affects not just today but every future moment that he should have been part of, and everyday moments that he’s already missed,” Ms O’Keefe said.
Mr Mallett's father, Roy, struggles with the loss, finding it hard to enjoy past hobbies.
Summers-Smith's potential recovery will be monitored by the Mental Health Review Tribunal, which has authority to alter detention orders.