Charges dropped against 12-year-old in grocer's death case
Prosecutors withdrew all charges against a 12-year-old accused in grocer Van Viet Truong's fatal assault after failing legal test.
A 12-year-old boy has had all assault charges dropped in the case involving grocer Van Viet Truong's death in August. Prosecutors told a children's court on Thursday they could not meet the legal test required to prosecute children under 14.
The legal test is called doli incapax and requires prosecutors to show the child knew their actions were seriously wrong. Truong, 60, died from head injuries.
He was allegedly attacked by teenagers while helping another shop worker. Other teenagers remain charged.
A 15-year-old faces manslaughter charges. Two 14-year-olds face lesser charges.
A 13-year-old had charges dropped earlier.
- Van Viet Truong, 60-year-old grocer
- Victim
- August
- When
- Melbourne's west, near Sunshine
- Location
Why it mattersThe legal principle protecting young children from prosecution means fewer people face trial for involvement in the fatal assault, and a key investigation concludes without a prosecution.
AustraliaFour of the five youths accused in the case will not face prosecution, leaving only a 15-year-old to answer manslaughter charges over Truong's death.
Corroborated bythenightly.com.au
✓ Claims checked against the source. checked 2 h ago
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