Source : Perth Now news
Police have dropped charges against a 12-year-old boy who was accused of taking part in the fatal assault of Melbourne grocer Van Viet Truong.
Mr Truong, 60, ran Hong Hung grocery store on Hampshire Rd in Sunshine.
Police allege a group of youths allegedly stole clothing from a nearby shop and were pursued by a worker on August 1.
When Mr Truong went to help, police allege he was set upon, dragged to the ground and repeatedly struck.
He was taken to hospital in a critical condition and died on August 5.
Van Viet Truong died days after he was seriously injured while trying to help another retailer. Picture: Supplied
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Van Viet Truong died days after he was seriously injured while trying to help another retailer. Supplied
Credit: Supplied Source Known
The 12-year-old boy had faced allegations including violent disorder, intentionally causing serious injury, affray and intentionally causing injury.
But prosecutors on Thursday accepted they could not overcome the legal presumption that children under 14 may not fully understand the serious wrongfulness of their actions.
A children’s court withdrew all charges against a 12-year-old boy over the fatal Sunshine assault. Picture: Josie Hayden
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A children’s court withdrew all charges against a 12-year-old boy over the fatal Sunshine assault. Josie Hayden
Credit: News Corp Australia
In a statement, police confirmed the withdrawal of the boy’s charges followed legal advice.
“Advice from the DPP 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,” the statement read.
“The family of the victim has been notified and we will continue to support them throughout this process. Our thoughts are with them today.”
The decision means the case now continues against three other young people over the incident that left Mr Truong dead days after he suffered catastrophic head injuries.
Mr Truong was trying to help that worker when he was allegedly attacked. Picture: 7News
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Mr Truong was trying to help that worker when he was allegedly attacked. 7News
Credit: Supplied Source Known
One 15-year-old boy remains charged with manslaughter, a charge laid after Mr Truong died in hospital.
Two 14-year-old girls remain before the court on charges including affray, violent disorder, intentionally causing serious injury and intentionally causing injury.
Another boy, aged 13, previously had his charges withdrawn after further investigation.
