Prosecutors dismiss murder charge against 12-year-old girl
The girl was initially charged with murder in November for allegedly stabbing a 37-year-old woman to death in a Footscray apartment.
However, the murder charge against the 12-year-old girl has been dropped as prosecutors determined there was not a reasonable chance of conviction.
The girl, who remains unidentified for legal reasons, was accused of the stabbing incident in Melbourne’s inner west on Nov. 16, 2023.
On Thursday morning (May 16), prosecutors applied to withdraw the charge, which was subsequently struck out by a children’s court magistrate.
Although no reason was given in court, Victoria Police later confirmed that the charge was withdrawn after careful consideration and advice from the Director of Public Prosecutions.
The Director’s decision was based on the belief that there were not enough grounds for conviction due to the inability to prove doli incapax, which presumes that children under the age of 13 cannot comprehend the wrongful nature of their actions and therefore cannot be convicted of a crime.
The 12-year-old girl was undergoing evaluation by a psychiatrist in relation to doli incapax.
She did not appear in the children’s court but participated via video link for a procedural hearing in the Supreme Court later that day.
Since April, she has been residing in specialized accommodation after making threats at a different facility.
The case stemmed from the November incident where the girl allegedly stabbed the 37-year-old woman to death.
Upon investigation, blood was found in the apartment’s kitchen and bathroom, and the girl was discovered with two neighbors in the hallway.
Police were called after the neighbors heard a noise around 1:30 am and found the girl crying in the hallway.
The girl claimed the woman had killed herself and that she tried to move her to the shower.
Inside the apartment, the woman’s body was found in the bathroom, naked and with stab wounds, holding a knife with bloodied white sneakers nearby.
Evidence, including the shoes, knife, fake nails, condoms, deodorant cans, and clothing, were collected by the police.
Prosecutors sought permission to obtain DNA from the girl for matching it against the evidence but faced challenges regarding her mental capacity and consent due to her intellectual disability and immaturity.
Subsequently, the DNA application and murder charge were both withdrawn by the prosecutors.
Police confirmed that the death of the 37-year-old woman has been referred to the coroner and expressed their ongoing support for the victim’s family during this difficult time.
