Dad-of-two Royce Mallett had been in a small Australian town when he was stabbed in the chest while outside of a motel – his murderer will not face trial
A man who murdered a British father-of-two in an Australian car park will not stand trial.
Royce Mallett, from County Durham, had been 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. David Summers-Smith, the attacker, has schizophrenia and was displaying symptoms of psychosis at the time of the incident.
He pleaded not guilty to the murder due to mental impairment. A judge has now determined Summers-Smith did murder the Brit but said he could not be held criminally responsible for the death.
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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 had leaned into the British man’s car window and plunged a knife into his chest one time, the court heard.
“The result of that one act was both catastrophic and tragic,” Supreme Court justice Dina Yehia said in a written judgement. Summers-Smith had purchased the steak knife he used to kill the Brit dad just hours before the incident.
The court also heard that Summers-Smith did not say anything as he fled the scene. Bystanders and emergency services rushed to the scene but despite their best efforts Royce died a short while later, according to ABC News. Summers-Smith had called the police after the attack and admitted to the stabbing.
The court heard that 29-year-old Summers-Smith had a history of schizophrenia and psychotic symptoms, which haven’t responded to medication, and was at the time receiving court-ordered treatment in the community. Psychiatrists who assessed him reported that he had been ‘self-medicating’ with crstyal 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.
Supreme Court justice Yehia ordered Summers-Smith to be held indefinitely in a mental health facility. Justice Yehia said: “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.”
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 added that she now faces having to raise their children alone. Ms O’Keeffe, in a letter, 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 Mr Mallett’s father Roy said he not only lost his son, but his “best friend”. His dad added that he no longer enjoys the hobbies he used to share with his son and struggles to find the motivation to do anything.
Summers-Smith will be monitored for any potential recovery by the Mental Health Review tribunal, which has the power to potentially revise his detention order.
