{"id":75672,"date":"2026-08-19T11:40:29","date_gmt":"2026-08-19T11:40:29","guid":{"rendered":"https:\/\/www.europesays.com\/australia\/75672\/"},"modified":"2026-08-19T11:40:29","modified_gmt":"2026-08-19T11:40:29","slug":"man-found-not-criminally-responsible-for-killing-partner-in-bourke","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/australia\/75672\/","title":{"rendered":"Man found not criminally responsible for killing partner in Bourke"},"content":{"rendered":"<p class=\"paragraph_paragraph___QITb\">The daughter of an Indigenous woman beaten to death by her partner in outback New South Wales says the killing has &#8220;dismantled&#8221; her family forever.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Aboriginal and Torres Strait Islander readers are advised this article contains the name of a person who has died and the details may be distressing.\u00a0<\/p>\n<p class=\"paragraph_paragraph___QITb\">Andrew Charles Smith, 50, faced the NSW Supreme Court in Dubbo, <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2024-12-13\/man-charged-with-murder-over-death-of-woman-in-bourke\/104723538\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/104723538\" rel=\"nofollow noopener\" target=\"_blank\">where he was found not criminally responsible for the murder of 47-year-old Mavis Stanley<\/a> in October 2024 due to a mental health impairment.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Justice Peter Hamill found Mr Smith was probably suffering from schizophrenia with a delusional belief system, which meant he could not reason about whether his actions were wrong.<\/p>\n<p><img decoding=\"async\" alt=\"A framed photo of a woman saying in memory of mavis stanley.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/australia\/wp-content\/uploads\/2026\/08\/5febe185a892226bb003d7dec0fac979.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Mavis Stanley is remembered by friends and family as a strong, caring woman with a big heart. (ABC Western Plains: Jennifer McCutcheon)<\/p>\n<p class=\"paragraph_paragraph___QITb\">Ms Stanley&#8217;s daughter Jennah-Leigh Dungay told the court there were no words in the English dictionary that could describe the &#8220;pain, sorrow, hurt and brokenness&#8221; caused by her mother&#8217;s death.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;You have stolen a future that none of us will ever get to experience,&#8221; she said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;My mother was the matriarchal protector of our family, the strength when it was needed and not needed.&#8221;<\/p>\n<p class=\"paragraph_paragraph___QITb\">Ms Dungay addressed Mr Smith, who appeared in the Dubbo courtroom via audio-visual link.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;The extent of the damage caused is unforgivable, unjust, uncultured and in its shortest form a pure evil,&#8221; she said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;We are told it took 15 minutes of brutality using weapons to end my mother&#8217;s life.<\/p>\n<p><img decoding=\"async\" alt=\"A single-storey house with an open gate and police tape running across the front\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/australia\/wp-content\/uploads\/2026\/08\/1f9297fb0106d1754723fc1ff8c2fe7a.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">The body of Mavis Stanley was discovered outside her home on October 29. (ABC Western Plains: Catherine James)<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Fifteen minutes to dismantle our family&#8217;s and friends&#8217; hearts forever.&#8221;<\/p>\n<p class=\"paragraph_paragraph___QITb\">Ms Dungay said she had experienced significant mental health impacts since her mother&#8217;s death and wanted to see laws strengthened to protect women and children, particularly Indigenous people.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;When a woman has a daughter, she creates a version of her heart that walks in physical form,&#8221; she told the court.\u00a0<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;So long as I breathe and live, she will speak and live through me.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Her physical body you may have taken from us, but you will never take her spirit, soul and memory and laughter she left within each of us.&#8221;<\/p>\n<p><img decoding=\"async\" alt=\"Police tape blocking a road and a van on the other side of it.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/australia\/wp-content\/uploads\/2026\/08\/1e2ed5681dc140739bbae9e8cccb809b.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">A homicide investigation was launched after a woman&#8217;s body was found at Bourke, in the NSW north west. (ABC Western Plains: Catherine James)<\/p>\n<p>Accused suffering delusional beliefs<\/p>\n<p class=\"paragraph_paragraph___QITb\">The court heard Mr Smith and Ms Stanley were living in Bourke when, some time between October 26 and 29, he struck her multiple times with a rod-like object, inflicting blunt force injuries that caused her death.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Mr Smith later moved Ms Stanley&#8217;s body from the home and left her on the roadway.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Two forensic psychiatrists assessed Mr Smith and agreed he was experiencing delusions around the time of Ms Stanley&#8217;s death.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Listening-device recordings from his prison cell captured Mr Smith speaking to a deity and, on other occasions, apparently to his dead partner.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Lord you set my life up for failure \u2026 I love my wife my Lord \u2026 then the devil came up and ripped the heart right out of my chest,&#8221; he was recorded saying.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Justice Hamill said the recordings showed Mr Smith was &#8220;very unwell&#8221;, thought-disordered and delusional, and may have been experiencing auditory hallucinations.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The judge said he had carefully considered the couple&#8217;s history of domestic violence and Mr Smith&#8217;s controlling behaviour.\u00a0<\/p>\n<p class=\"paragraph_paragraph___QITb\">But he accepted the psychiatrists&#8217; evidence that his beliefs about Ms Stanley&#8217;s infidelity were driven by delusions.<\/p>\n<p><img decoding=\"async\" alt=\"A white sign with the word Bourke written on it, next to a highway street.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.europesays.com\/australia\/wp-content\/uploads\/2026\/08\/015f73cacf2b0a466e0073b268b188e9.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Ms Stanley was found dead outside her home in Bourke, about 370 kilometres from Dubbo. (ABC Western Plains: Zaarkacha Marlan)<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;I am satisfied that his preoccupation with Ms Stanley&#8217;s perceived infidelity was born not of a rational but wicked jealousy, but rather was \u2026 the product of his disordered thought processes and delusions at the time of the killing,&#8221; Justice Hamill said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He found Mr Smith did not understand his actions were wrong and entered the special verdict.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Justice Hamill acknowledged the words &#8220;not criminally responsible&#8221; could appear difficult or unjust to Ms Stanley&#8217;s family, but stressed the verdict did not mean Mr Smith would be released.<\/p>\n<p>&#8216;Our hearts are broken&#8217;<\/p>\n<p class=\"paragraph_paragraph___QITb\">Several members of Ms Stanley&#8217;s family travelled to court to deliver victim impact statements, describing her as a strong and fiercely loyal woman who was deeply connected to her family.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Her relatives told the court they had struggled with grief, sleeplessness and fear since her death, and had become increasingly vigilant about the safety of women in their family.<\/p>\n<p class=\"paragraph_paragraph___QITb\">In one statement, Ms Stanley was remembered as &#8220;one of a kind&#8221; with a &#8220;big heart&#8221;, whose death had left a piece of the family&#8217;s hearts that would never mend.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Another statement described the 47-year-old as the &#8220;rock&#8221; of her family, with a &#8220;wicked sense of humour&#8221; and a laugh her loved ones could still hear.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The court heard her family had been unable to prepare and farewell Ms Stanley&#8217;s body in accordance with their cultural practices because of the extent of her injuries.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Justice Hamill praised the family&#8217;s courage and dignity throughout the proceedings.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;These statements will remain on the court&#8217;s records and archives as an enduring testament to a remarkable woman whose life was taken too soon and by violence,&#8221; he said.<\/p>\n","protected":false},"excerpt":{"rendered":"The daughter of an Indigenous woman beaten to death by her partner in outback New South Wales says&hellip;\n","protected":false},"author":2,"featured_media":75673,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[2312,111529,22,21,111525,4841,46,111526,3162,111528,3183,111527],"class_list":["post-75672","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-aboriginal","tag-andrew-charles-smith","tag-au","tag-austrlia","tag-bourke","tag-domestic-violence","tag-killing","tag-mavis-stanley","tag-mental-health","tag-not-criminally-responsible","tag-nsw-supreme-court","tag-special-verdict"],"_links":{"self":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/posts\/75672","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/comments?post=75672"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/posts\/75672\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/media\/75673"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/media?parent=75672"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/categories?post=75672"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/australia\/wp-json\/wp\/v2\/tags?post=75672"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}