source : the age
Charges against a 12-year-old boy accused of being involved in the fatal assault of a Sunshine shopkeeper have been dropped.
Police revealed on Thursday afternoon that the charges of intentionally cause serious injury, intentionally causing injury and affray had been withdrawn after “significant consideration” following the death in August of Van Viet Truong.
“Advice from the [Director of Public Prosecutions] confirmed that there are no reasonable prospects of conviction in relation to this accused due to the presumption at law that a child who is 12 or 13 is not criminally responsible for their actions,” Victoria Police said.
Police say Truong, 60, was set upon by youths when he tried to help a nearby shop employee caught in a scuffle over allegedly stolen items in Hampshire Street on August 1.
Five children were initially charged, but further investigations soon exonerated a 13-year-old boy.
Charges against a 15-year-old boy were upgraded to manslaughter after Truong’s death on August 5.
Two girls aged 14 were granted bail on August 7 as they awaited their day in court.
Police said Truong’s family were notified on Thursday about the charges against the 12-year-old being withdrawn.
“Our thoughts are with them today,” the spokesperson said.
A summary of accusations previously read out in court said the two girls had stolen clothes from the Diamond Valley Fashion shop but were confronted by a witness.
“During the struggle for the clothing, a group of four to five circled [the witness] and began to punch him in the head multiple times,” prosecutor Eliza Harrison said.
Truong, the owner of Hong Hung grocery nearby, intervened as another bystander also fought with one of the two girls over a pair of pants, the court heard.
“All co-accused collectively turned on Truong and attacked him,” police alleged. “A male offender … dragged Truong to the ground, causing his head to hit the ground.”
A witness described hearing a cracking sound, and the group continued to hit Truong when he was on the ground, police claimed.
The 12-year-old boy’s lawyer previously argued his involvement “was secondary and much more limited” than the other accused children.
He also said prosecutors hadn’t properly considered the common law presumption a child under 14 cannot be held criminally responsible unless it is proved they knew their actions were seriously wrong.
The state government introduced laws in June 2024 to codify this principle and raise the minimum age of criminal responsibility from 10 to 12.
Labor previously pledged to raise the age to 14 by 2027 to bring the state in line with international norms, evidence about child development and human rights standards.
However, the Allan government ditched the promise amid criticism from the police union and the state opposition, and concerns about a rise in youth crime.
Be the first to know when major news happens. Sign up for breaking news alerts on email or turn on notifications in the app.
Lachlan Abbott is a crime reporter at The Age. He was previously a city reporter and covered breaking news.Connect via email.
