Man Who Killed His Partner Found Not Criminally Responsible

A court in Dubbo, New South Wales, has found that a 50-year-old man named Andrew Charles Smith is not criminally responsible for killing his partner, Mavis Stanley, in October 2024. A judge ruled that Mr. Smith was suffering from schizophrenia — a serious mental illness — and could not understand that what he was doing was wrong. Ms. Stanley was 47 years old and an Aboriginal woman who lived in the outback town of Bourke. Her daughter and other family members spoke in court about the pain her death has caused them.

Ms. Stanley's daughter, Jennah-Leigh Dungay, told the court that no words in the English language could describe her grief. She said her mother was the 'matriarchal protector' of the family — meaning she was the strong, guiding woman who held everyone together. Ms. Dungay addressed Mr. Smith directly, saying his actions had caused damage that was 'unforgivable, unjust, and uncultured.' She described the attack as fifteen minutes of brutality that had broken her family's hearts forever.

Ms. Dungay also shared how her mother's death has affected her own mental health. She said she wants laws to be made stronger to protect women and children, especially Indigenous people. 'When a woman has a daughter, she creates a version of her heart that walks in physical form,' she told the court. She added that while Mr. Smith may have taken her mother's body, he could never take her spirit, memory, or laughter.

The court heard that Mr. Smith and Ms. Stanley were living in Bourke when he struck her several times with a rod-like object between October 26 and 29. This caused serious injuries that led to her death. After the attack, Mr. Smith moved Ms. Stanley's body from their home and left her on a road. Two forensic psychiatrists — doctors who study the minds of people involved in crimes — examined Mr. Smith and agreed he was experiencing delusions at the time.

A delusion is a false belief that a person holds very strongly, even when it is not real. Mr. Smith believed that Ms. Stanley had been unfaithful to him, but the psychiatrists said this belief came from his mental illness, not from any facts. Recordings made in his prison cell captured him talking to a deity and to his deceased partner. Justice Peter Hamill said these recordings showed that Mr. Smith was 'very unwell' and experiencing disordered thinking.

Justice Hamill explained that the verdict of 'not criminally responsible' does not mean Mr. Smith will simply be released and go free. He stressed that the court had carefully considered the couple's history of domestic violence and Mr. Smith's controlling behaviour. However, he accepted that Mr. Smith's mental illness had caused his actions, and that he did not understand they were wrong. The judge entered a special verdict to reflect this finding.

Many members of Ms. Stanley's family came to the courtroom to deliver victim impact statements. They described her as a strong, fiercely loyal woman who was deeply connected to her family and community. Family members said they have struggled with grief, trouble sleeping, and fear since her death. They also said they have become more careful about protecting the women in their family.

Ms. Stanley was remembered as 'one of a kind' with a big heart and a 'wicked sense of humour' whose laugh her loved ones could still hear in their minds. Another family member called her the 'rock' of the family. The court also heard that the family could not prepare or farewell Ms. Stanley's body in the way their culture requires, because of the extent of her injuries. Justice Hamill praised the family's courage and said their statements would remain on the court's records as 'an enduring testament to a remarkable woman whose life was taken too soon and by violence.'