The charges against a 12-year-old boy accused of taking part in the fatal assault of Melbourne shopkeeper Van Viet Truong have been dropped.
Truong, 60, who ran Hong Hung grocery store in Sunshine, Victoria died in hospital on August 5, four days after suffering critical head injuries following the alleged assault.
Police allege a group of teens stole clothing from a nearby shop on August 1 and were pursued by a worker. When Truong went to help, he was allegedly dragged to the ground and repeatedly struck in the head.
The 12-year-old had faced charges including violent disorder, intentionally causing serious injury, affray and intentionally causing injury.
However, prosecutors accepted they could not overcome the legal presumption that children aged 10 to 13 are not criminally responsible as they may not fully understand the serious wrongfulness of their actions.
Victoria Police confirmed the charges were withdrawn following legal advice from the Director of Public Prosecutions.
“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 proceedings will continue against three other youths over the incident.
A 15-year-old boy remains charged with manslaughter, while two 14-year-old girls face charges including affray, violent disorder, intentionally causing serious injury and intentionally causing injury.
Another 13-year-old boy previously had his charges withdrawn following further investigation.
Image: 7News
