Man who randomly killed British tourist not criminally responsible
A man who killed a British tourist in a random stabbing at an Albury motel in 2024 has been found not criminally responsible for the attack.
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David Summers-Smith not criminally responsible for fatally stabbing British touristBy Ashlee AldridgeABC Goulburn MurrayTopic:Courts2h ago2 hours agoTue 28 Apr 2026 at 6:55amBritish tourist Royce Mallett was fatally stabbed at an Albury motel in 2024. (ABC Goulburn Murray: Ashlee Aldridge)In short:British tourist Royce Mallett was fatally stabbed in a motel car park on the Victoria-New South Wales border in 2024.The NSW Supreme Court found the charge of murder against David Summers-Smith was proven, but ruled he was not criminally responsible.What's next?Summers-Smith remains in custody.abc.net.au/news/david-summers-smith-royce-mallett-fatal-stabbing-albury/106615584Link copiedShareShare articleA man who killed a British tourist in a random stabbing at an Albury motel has been found not to be criminally responsible.Royce Mallett was fatally stabbed in the chest by David Summers-Smith in a motel car park on the Victoria-New South Wales border in July 2024.On Tuesday Justice Dina Yehia returned a verdict of "act proven but not criminally responsible" in the NSW Supreme Court.The court was told the two men were strangers and staying at the same motel when Summers-Smith leant through Mr Mallett's car window and stabbed him once in the chest.The court heard the 29-year-old accused, who appeared in court via video link, had bought the steak knife hours before the stabbing.The court heard he not say a word before fleeing the scene.Mr Mallett died a short time later, despite the efforts of bystanders and paramedics.Summers-Smith called police several hours later and admitted to stabbing Mr Mallett.Royce Mallett's family told the court of their heartbreak. (ABC Goulburn Murray: Ashlee Aldridge)Family describes lifelong impact of lossIn victim impact statements read to the court, Mr Mallett's family described the profound and ongoing impact of his death.Mr Mallet's parents, who travelled from the UK to be present in court, said the death of their youngest son had changed their lives forever.His father, Roy Mallet, described him as not only a son, but his "best friend". His mother Felicity recalled his "cheeky smile" and "brainwave of business ideas".The court heard the family continues to visit Mr Mallett's grave on his birthday, at Christmas and on the anniversary of his death.The court heard the family questioned how Summers-Smith was allowed to have been in the community with a treatment-resistant psychiatric illness.Mr Mallet's partner, Caitlin O'Keeffe, said she had been left to raise their two young children alone.She told the court her partner was a devoted father and said the loss would be felt "not just today, but every future moment that he should have been part of".Roy and Felicity Mallett travelled from the UK to attend the hearing in Albury. (ABC Goulburn Murray: Ashlee Aldridge)Court hears psychiatric evidenceJustice Yehia told the court the "one act" of fatally stabbing Mr Mallet was "both catastrophic and tragic".She said the court accepted expert evidence that Summers-Smith had a history of treatment-resistant schizophrenia and that he was experiencing a relapse of psychosis due to the illness at the time of the attack, which left him unable to reason whether his actions were wrong.The court heard psychiatric reports from Dr Richard Furst and Dr Kerri Eagle both concluded a mental health impairment defence was available.Dr Furst told the court Summers-Smith was "most likely irrational and paranoid" at the time of the killing,…
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