‘Love you’: Teen’s heartbreaking words before he was shot by father in murder-suicide

WARNING: Distressing content

On the morning of May 31, 2023, Noah Smith messaged his father Wayne: “Hi dad have a good day love you.”

He asked whether Wayne was going to Noah’s grandmother’s house for breakfast on what was a normal school day for the fishing-mad 15-year-old from Yamba in NSW’s Northern Rivers.

A bit more than 17 hours later, in the dead of the night, Wayne Smith shot his son in the head before killing himself in a murder-suicide inside their Kookaburra Court home.

An inquest examined the circumstances surrounding the tragedy, including Mr Smith’s deteriorating mental health and the decision by authorities to grant him a firearm licence just months beforehand.

CCTV at their home captured the sounds of the first gunshot, shortly after midnight, the court was told after Judge Teresa O’Sullivan handed down her findings this week.

Police believe Mr Smith, 58, went to the gun safe in his garage before shooting Noah in his bedroom as he slept.

Mr Smith is believed to have killed himself four minutes later, based on a second gunshot that was captured on the CCTV.

The court was told that Mr Smith had a long history of depression and had experienced a deterioration in his mental health in the years leading up to the murder-suicide.

“Wayne’s deteriorating mental health necessarily affected Noah and there were times when Noah assumed responsibilities and emotional burdens beyond what would ordinarily be expected of a young person,” Judge O’Sullivan said in her findings.

“While Wayne’s behaviour clearly had an impact on Noah, it reflected the significant challenges he was experiencing and was not driven by any intention to harm or distress his son.”

Judge O’Sullivan told the court that there was no evidence of coercion or domestic violence, which were often seen in cases of murder-suicide involving family members.

The court was also told that in August 2021, Mr Smith’s firearm licence was suspended after he disclosed that he was being treated for anxiety and depression and had been prescribed antidepressants.

However, it was reinstated in October 2022 and his firearm was returned to him in December – six months before he killed himself and his son.

The court was told that Mr Smith had been prescribed antidepressant medication since at least 2004, and in May 2020 he told a counsellor that he was experiencing suicidal ideation.

He had planned to kill himself away from home, to protect his son, but Noah “begged him” not to take his own life, the court was told.

Because of Noah’s intervention, his family were able to get him assistance.

“It was Noah talking to Wayne and reassuring him that meant that Wayne did not go through with plans to kill himself at that time,” Judge O’Sullivan said.

She said in her findings that Noah was protective of his father and his texts demonstrated that he was checking in on him and whether he was eating.

Noah broke his leg in a boating accident in September 202,2 and during this time, Mr Smith stopped taking his medication while travelling to John Hunter Hospital in Newcastle, where his son was being treated.

Mr Smith’s mental health fluctuated in the years leading up to his death, but it began to deteriorate in 2023 with “finances, day-to-day tasks, work, travelling to John Hunter Hospital, and the probability that Noah would require further surgery, all weighing down on Wayne,” Judge O’Sullivan said.

Mr Smith told Noah’s mother in April or May 2023 that he was struggling with his mental health and he had, for a time, stopped taking his medication.

“If that is true, Wayne had been without his medication for months,” Judge O’Sullivan said.

The court was told that when Mr Smith’s gun licence was reinstated in October 2022, the Firearms Registry was not informed about him expressing suicidal ideation in May 2020.

“The Firearms Registry did not have the information that they should have had to make an appropriate decision regarding the reinstatement of Wayne’s licence and the return of his firearms,” Judge O’Sullivan said.

The court was told that while a medical certificate disclosed that Mr Smith was on medication, a Firearms Registry adjudication officer marked the “medication” box on the mental health report review form as “not applicable”.

Mr Smith listed his reason for holding a gun licence as “recreational hunting/vermin control”, but Judge O’Sullivan said “there is relatively little corroboration of the evidence said to demonstrate this genuine reason”.

The court was told that there had been changes to the Firearms Registry since Mr Smith’s death, including the questions that were asked on application forms relating to mental health.

As well, adjudicators are required to request a health risk assessment if the applicant has expressed a mental health condition, threatened others or considered self-harm, or reported depression, anxiety or drug or alcohol dependence.

Judge O’Sullivan proposed seven recommendations, including changes to the Firearms Registry when applicants indicate “recreational hunting/vermin control” as a basis for a licence.

She also recommended consultation with the Royal Australian College of General Practitioners as to whether GPs should be encouraged to ask patients if they have a firearms licence.

“The available evidence indicates that Wayne loved and cared for Noah throughout his life, that they shared a close and loving bond, and that the events of 1 June 2023 occurred in the context of an acute and escalating mental health crisis,” Judge O’Sullivan said.

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