Massive update for 12yo girl accused of murdering woman in Melbourne

The 12yo was accused of fatally stabbing the 37yo woman in Melbourne’s western suburbs in November.

Prosecutors have dropped charges against a 12-year-old girl accused of the murder of a 37-year-old woman in Melbourne’s west.

The 12yo was in state care during the time of the incident, allegedly stabbing a 37yo woman in a Footscray apartment on 16 November 2023. 

The young girl was arrested at the old Royal Hotel on Barkly Street shortly after 2am, and was taken to hospital for observation. 

Want to join the family? Sign up to our Kidspot newsletter for more stories like this. 

The 37yo was reportedly stabbed to death on 16 November, 2023. Picture: NCA NewsWire / Andrew Henshaw

Murder charges against 12yo dropped

On Thursday, Victorian prosecutors dropped the case due to the legal principle of doli incapax, which states that a child under 14 cannot be held criminally responsible.

The only exception is unless it is proven that they knew their actions were very morally wrong.

RELATED: Girl, 12, may have been 'prostituted' before Melbourne stabbing arrest

Speaking to reporters, a spokesperson for the Victoria Police said the Director’s position stated there were no reasonable prospects of conviction in this matter.

This is because the prosecution would not have been able to refute the presumption of doli incapax. 

Introducing our new podcast: Mum Club! Listen and subscribe wherever you get your podcasts so you never miss an episode.

“The family of the victim has been notified and we will continue to support them throughout this process,” a Victoria Police spokesperson said. 

“Our thoughts are with them today.” 

RELATED: How to talk to your kids about the Bondi stabbings

Police were reportedly notified about the 12yo several times. Picture: NCA NewsWire / Andrew Henshaw

Police repeatedly notified over 12yo for 12 months

At the time of the stabbing, The Herald Sun reported an altercation broke out above the hostel on the upper floors, where the building has been converted into apartments.

Sources close to the case said the girl should have been in long-term "secure welfare", but Victoria reportedly had no facilities for children with intellectual disabilities

The girl had been in residential care for several years.

It’s understood the girl was reportedly “running wild” and being “prostituted out” to men in Footscray, the ABC 7.30 program reported. 

A youth worker recalled calling the police several times over a period of 12 months and hearing reports of the young girl selling herself to older men for money. 

“When I first heard it, it was hard to believe,” she said. 

“What we got told by them [the police] is that they can’t do anything, they can’t approach her, and they can’t stop these men.

“What we said to them was … isn’t there anything more that you can do?”

Originally published as Massive update for 12yo girl accused of murdering woman in Melbourne