Charges withdrawn against 12-year-old in fatal Sunshine grocer assault

Charges have been withdrawn against a 12-year-old boy accused of involvement in the fatal assault of Van Viet Truong, a 60-year-old grocer in Sunshine, Melbourne. Prosecutors informed a children’s court that they were unable to rebut the principle of ‘doli incapax’, a legal presumption that children under 14 may not fully understand the wrongfulness of their actions.

The incident occurred on August 1 when Truong attempted to assist a fellow retailer who was being confronted by a group of teenagers following an alleged theft. During the altercation, Truong was allegedly set upon and dragged to the ground, sustaining serious head injuries that led to his death in the hospital on August 5.

While the 12-year-old's charges were dropped, other teenagers remain involved in the legal process. A 15-year-old boy has had his charges upgraded to manslaughter, and two 14-year-old girls are awaiting their court dates. Victoria Police confirmed that the decision regarding the 12-year-old followed advice from the Director of Public Prosecutions, noting there were no reasonable prospects of conviction due to the child's age.