A man who killed a British father-of-two in an Australian town has been declared mentally unfit to stand trial.
Court documents state Royce Mallett from County Durham, who was 30 years old at the time, was visiting the town of Albury in New South Wales in July 2024 when he was stabbed once in the chest while sitting in the driver’s seat of a car parked outside the Hume Inn Motel.
His attacker, David Summers-Smith, has schizophrenia and was displaying symptoms of psychosis at the time of the 2024 incident.
He subsequently pleaded not guilty to the murder due to mental impairment.
On Tuesday, Supreme Court justice Dina Yehia, determined Summers-Smith did commit the murder but could not be held criminally responsible.
She ordered Summers-Smith to be held indefinitely in a mental health facility.
In her consideration, 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 caused 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 in a letter.
The court also heard Mr Mallett’s father Roy no longer enjoys the hobbies he used to share with his son and struggles to find the motivation to do anything.
Any potential recovery for Summers-Smith will be monitored by the Mental Health Review tribunal, which has the power to revise his detention order.
