Charges against a 12-year-old boy accused of involvement in the alleged group assault that led to the death of Melbourne grocer Van Viet Truong have been withdrawn because of his age.
Prosecutors told a children’s court on Thursday they would not proceed after being unable to rebut the principle of doli incapax, which sets a high bar for proving that a child under 14 understood the wrongfulness of their actions.
The boy had faced charges including violent disorder, intentionally causing serious injury, affray and intentionally causing injury. His lawyer had previously argued that, given his age, he might not have understood that his actions were seriously wrong.
“The charges are withdrawn,” the magistrate said.
The boy, who cannot be identified, was not required to attend court after he was excused at an earlier hearing.
Truong, 60, died in hospital days after suffering serious head injuries during the alleged incident in Sunshine, in Melbourne’s west.
It is alleged that a group of teenagers stole items from a clothing shop near Truong’s Hong Hung grocery store before being chased out by a worker. Truong was reportedly going to the worker’s aid when the group allegedly attacked him and dragged him to the ground.
Witnesses said his head struck the pavement with a “cracking sound” as the youths allegedly repeatedly hit him. They described seeing him “changing colours and not moving” and hearing “bubbling” sounds from his mouth.
Four other teenagers were charged over the incident. A 15-year-old boy faces a manslaughter charge, while two 14-year-old girls face lesser charges. The charges against another boy, aged 13, were previously dropped after further evidence emerged.
