CHARGES against a group of children involved in a violent attack at Mildura’s Deakin Cinema Complex in November last year, including the two alleged principal offenders, have been dropped.
Prosecutors withdrew charges against three 12-year-old boys on the basis of doli incapax, or that they did not understand that what they had done was morally wrong.
However, prosecutors sought to proceed with charges against the alleged ringleaders — a 13-year-old girl and a 12-year-old girl — arguing in a Children’s Court that the pair knew right from wrong and they should face criminal proceedings.
A magistrate, however, ruled that while they may have understood what it meant to be naughty or mischievous, prosecutors had to prove beyond reasonable doubt that they knew their actions were morally wrong.
After indicating to prosecutors he did not believe that standard had been met, prosecutors also withdrew charges against the alleged principal offenders.
In a summary of the alleged offending read to the court, prosecutors said the three 14-year-old alleged victims exited the toilets at the cinema complex when they were confronted by the youths.
The 13-year-old girl asked one of the complainants for a vape or she would “smack” her to the mouth, the court was told.
A prosecutor said the teenager then proceeded to punch at the girl’s face and chest about 15 times before attacking another girl, while the 12-year-old also joined in by punching and kicking one of the victims.
The court heard the attack was filmed by one of the group, while another encouraged the assault and another kicked one of the victims.
Three young girls sustained facial injuries following the alleged assault.
Defence counsels for the two alleged principal offenders argued their clients did not appreciate that their actions were wrong in line with a presumption under common law that a child between the age of 10 and 14 years does not possess the necessary knowledge to have criminal intent.
