Charges dropped against 12yo in alleged fatal bashing of Sunshine shopkeeper
A 12-year-old boy's charges have been dropped in relation to the alleged fatal bashing of Sunshine shopkeeper Van Viet Truong. Three other teenagers still face charges over the alleged attack in August.
Charges have been dropped against a 12-year-old boy who was accused of taking part in the alleged fatal bashing of a Sunshine shopkeeper.
The boy was one of five children initially arrested over the alleged attack on Van Viet Truong, 60, who died in hospital days after being assaulted on August 2.
Prosecutors conceded they could not prove the boy was criminally liable due to his young age, and withdrew charges of violent disorder, affray and two assault-related charges against him in the Children's Court today.
The doli incapax legal principles presumes children younger than 14 are incapable of criminal intent. In order for the case to have continued, prosecutors would have needed to prove the boy knew his alleged actions were morally wrong.
A prosecutor told the Children's Court that the case had been reviewed and the Crown would not be able to successfully rebut the Doli Incapax presumption.
"The prosecution will have to withdraw the charges," she said.
In a statement, Victoria Police said advice from the Director of Public Prosecutions confirmed there were "no reasonable prospects of conviction" in relation to the boy due to the presumption at law that a child who is 12 or 13 is not criminally responsible for their actions.
"The family of the victim has been notified and we will continue to support them throughout this process. Our thoughts are with them today," a Victoria Police spokesperson said.
However, the case against three other teenagers will continue.
A 15-year-old is accused of manslaughter, while two 14-year-old girls are charged with violent disorder, affray and assault-related offences.
Last month, a police officer told the court the alleged attack on Mr Truong was captured on security cameras.
"The entire incident goes for approximately one minute so it's quite chaotic," she said.
The lawyer for the 12-year-old said his involvement was "secondary".
"It is having an enormous impact on him," he said.
The 15-year-old charged with manslaughter is due to face court next on October 21.
The 14-year-old girls remain on bail after being released in August.