A 12-year-old girl accused of fatally stabbing a woman in Melbourne had the murder charge dropped due to legal complexities surrounding her age and mental capacity. The decision was based on advice from the Director of Public Prosecutions, as the girl was deemed incapable of understanding the severity of her actions. The incident, which took place in November 2023, led to the arrest of the girl after a distressing scene was discovered by neighbours. The case has now been referred to the coroner for further investigation. Victoria Police have extended their support to the victim’s family amidst these developments.
Murder Charge Dropped Against 12-Year-Old Girl in Melbourne Alleged Stabbing Case
A Victorian magistrate has withdrawn the murder charge against a 12-year-old girl accused of stabbing a woman to death in Footscray, Melbourne. The incident occurred on November 16, 2023, at an apartment where the victim, a 37-year-old woman, was found lifeless on the bathroom floor with multiple stab wounds.
The magistrate’s decision, announced on May 16, 2024, was made after prosecutors applied to withdraw the charge, citing advice from the Director of Public Prosecutions. Victoria Police stated that the charge was dropped as there were not reasonable prospects of conviction, primarily due to the presumption of doli incapax, which suggests that a child under 13 is incapable of understanding the wrongfulness of their actions.
The 12-year-old girl, who cannot be named for legal reasons, did not attend the court session. She was being assessed by a psychiatrist concerning her mental capacity and maturity, which was estimated to be significantly below her chronological age.
The girl’s arrest followed an early-morning disturbance when neighbors, awakened by noise, found her crying in the hallway. The apartment’s kitchen and bathroom were discovered covered in blood, along with items such as a knife, bloodied sneakers, and clothing seized by the police. The girl’s claim that the woman had killed herself and she had tried to drag her into the shower was investigated but did not result in charges due to the aforementioned legal and psychiatric evaluations.
Victoria Police have referred the case to the coroner for further investigation. The victim’s family was notified, and police expressed their continued support for them.
Keywords: Melbourne, Footscray stabbing, 12-year-old, murder charge dropped, doli incapax, Victoria Police, coroner.
Language: English
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