Girl, 13, formerly charged with Footscray murder may be set free

A child, now 13, who was in state care when initially charged with murdering a woman in Footscray may soon be freed from custody, despite a series of recent attacks.

A girl, now aged 13, initially charged with murdering a woman in Footscray may be soon released from custody. Picture: David Crosling

A child who was in state care when initially charged with murdering a woman in a Footscray apartment could be allowed back into the community early next year despite recent acts of violence, a court has heard.

The girl, now aged 13, had a charge of murder withdrawn by prosecutors in May after she was assessed for doli incapax, which is the presumption that a child under the age of 14 can’t be held criminally responsible.

She was found covered in blood inside a Footscray apartment where a naked woman was found stabbed to death on a bedroom floor early on November 16, 2023.

The girl has been living in a secure, bespoke residential care unit since her arrest.

The Supreme Court of Victoria on Monday heard her mental health had recently deteriorated and she had assaulted staff tasked with supervising her.

Despite this, she will be assessed for potential release into the community as early as March next year following the outcome of three medical appointments, the court heard.

The child’s lawyer says the girl “longs for freedom”. Picture: Andrew Henshaw

It’s understood any leave would be under strict supervision either by police or workers authorised by the Secretary of the Department of Families, Fairness and Housing.

She was ordered to remain living in the secure residential facility for at least the next six months for reasons including the public’s safety.

Judge James Dudley Elliott requested arrangements be made for him to visit the teen’s residential facility and that consideration be given to allow her to spend time in a remote location.

“Isn’t it possible for her to go to a bush environment to get out of the residence?” His Honour asked.

A barrister representing the DFFS said such an outing was at this stage considered “risky” due to recent assaults involving workers in transport vehicles.

The girl has three specialist appointments scheduled at the Royal Children’s Hospital before the end of March.

The DFFS barrister said it is anticipated the appointments would “positively impact her wellbeing and mood” and enable her to be reassessed for “broader community access”.

“It’s not anticipated that (she) would be granted community access other than for medical appointments until that process is completed at the end of March,” the legal representative said.

The court heard the girl’s mental health had recently deteriorated and she had attacked staff caring for her. Picture: Andrew Henshaw

The girl’s lawyer told the court she longs for freedom.

“She doesn’t like waking up every day seeing the same things,” the lawyer said.

“She said she wants to do the sorts of things she sees her contemporaries doing like spending time together or going out.

“Spending time out in nature is totally consistent with the things she’s been asking to do.”

The court heard discussion had taken place for her to practice Qigong, an ancient Chinese meditation designed to improve health and wellbeing.

Judge Elliott said the girl had shown “steady progress in her recovery” but that it remained in hers and the community’s best interest that she remain in secure housing at this stage.

She had run away from residential care 275 times prior to her arrest last November and had been missing for two weeks when she was found at the homicide scene.

The case sparked a major inquiry led by the state’s Commissioner for Children and Young People.

A report by the CCYP found multiple agencies failed to properly care for the girl prior to the deadly attack.