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Court finds attacker not criminally responsible for fatal stabbing
A New South Wales judge has ruled that David Summers-Smith, who fatally stabbed British tourist Royce Mallett in Albury last July, is mentally unfit to stand trial and will be detained indefinitely in a psychiatric facility.
Attack details emerge in court ruling
Mallett, 30, was sitting in a car outside the Hume Inn motel when Summers-Smith, 29, reached through the window and stabbed him once in the chest with a steak knife on 8 July 2024. The assault was unprovoked and carried out without warning, according to court documents.
Summers-Smith fled the scene but later called police to confess. He was arrested shortly afterward and admitted to the stabbing during questioning.
Mental health history and psychiatric assessment
Court records reveal Summers-Smith has a long-standing diagnosis of schizophrenia, with symptoms that have proven resistant to treatment. At the time of the attack, he was under court-ordered community mental health care but had been self-medicating with crystal methamphetamine (ice) and cannabis.
Psychiatrists who evaluated him reported persistent delusional beliefs and a lack of insight into his condition. Despite his plea of not guilty due to mental impairment, Supreme Court Justice Dina Yehia concluded he did commit the act but could not be held criminally responsible.
"The result of that one act was both catastrophic and tragic," Justice Yehia stated in her written judgment.
Family devastation and victim impact
Mallett, a father of two from County Durham, died at the scene. His partner, Caitlin O'Keeffe, wrote in a victim impact statement that she now faces raising their children alone, deprived of their father's presence and guidance.
"It affects not just today, but every future moment that he should have been part of, and everyday moments that he's already missed," O'Keeffe said.
Mallett's father described losing not only his son but his "best friend," adding that he struggles to find motivation or joy in daily life.
Ongoing review and detention
Summers-Smith will remain in a secure mental health facility, with his case subject to periodic review by the Mental Health Review Tribunal. The tribunal will assess his progress and determine whether his detention order should be revised based on any potential recovery.
Justice Yehia acknowledged the difficulty Mallett's family faces in reconciling how Summers-Smith, with a severe and treatment-resistant psychiatric illness, was living in the community at the time of the attack.
