Charges dropped against 12yo after alleged bashing of Sunshine shopkeeper

In short:

Assault charges against a 12-year-old boy, laid after an alleged fatal bashing in Sunshine, have been dropped by prosecutors.

Prosecutors conceded they could not prove the boy was criminally liable in the alleged assault due to his young age.

Three other teenagers still face charges over the alleged attack in August.

Prosecutors have dropped the case against a 12-year-old boy who was charged after the alleged fatal bashing of Sunshine shopkeeper Van Viet Truong.

Mr Truong, 60, was allegedly attacked by a group of youths on August 2 after coming to the aid of a fellow retail worker. He died in hospital days later.

Mr Truong ran the Hong Hung Asian Grocery for nearly three decades, and was a well-known figure in his local business community.

Five children were initially arrested, however charges only remain against three.

Today, prosecutors withdrew charges of violent disorder, affray and two assault-related charges against the 12-year-old boy, conceding they could not prove he was criminally liable.

The doli incapax legal principles presumes children younger than 14 are incapable of criminal intent.

In order for the case to have continued, prosecutors would have needed to prove the boy knew his alleged actions were morally wrong.

A prosecutor told the Children's Court that the case had been reviewed and the Crown would not be able to successfully rebut the Doli Incapax presumption.

"The prosecution will have to withdraw the charges," she said.

In a statement, Victoria Police said advice from the Director of Public Prosecutions confirmed there were "no reasonable prospects of conviction" in relation to the boy due to the presumption at law that a child who is 12 or 13 is not criminally responsible for their actions.

"The family of the victim has been notified and we will continue to support them throughout this process. Our thoughts are with them today," a Victoria Police spokesperson said.

Three other teenagers to face court over alleged assault

The case against the other teenagers will continue.

A 15-year-old is accused of manslaughter, while two 14-year-old girls are charged with violent disorder, affray and assault-related offences.

Last month, a police officer told the court the alleged attack on Mr Troung was captured on security cameras.

"The entire incident goes for approximately one minute so it's quite chaotic," she said.

The lawyer for the 12-year-old said his involvement was "secondary".

He said the education department had blocked the Year 6 student from returning to school while the case was before the courts.

"It is having an enormous impact on him," he said.

The 15-year-old charged with manslaughter is due to face court next on October 21.

The 14-year-old girls remain on bail after being released in August.