Murder charge against 12yo girl over Footscray stabbing could be dropped

A murder charge against a 12-year-old girl for the stabbing death of a woman in Footscray could be dropped as she is assessed over whether she is “incapable of evil”.

Forensic police on the scene in Footscray where a woman was found stabbed to death. Picture: Andrew Henshaw

A murder charge against a girl, 12, for the stabbing death of a woman in Footscray could be dropped amid a probe into whether she is able to be held criminally responsible.

The child, who was in state care when she allegedly killed a woman, 37, in November last year is currently being assessed for doli incapax, a Latin phrase meaning “incapable of evil”.

The girl — who has the intellectual capacity of a six-year-old and a history of substance and sexual abuse — was charged with murder despite the presumption that a child aged 10 to 14 is incapable of criminal intent.

She’d run away from residential care 275 times and was missing for two weeks before she was found covered in blood in the Footscray apartment, wearing a dress inside out and back to front, with her underwear lying near the dead woman’s body.

The Supreme Court this week heard that until a psychiatrist’s report is returned at the end of April determining whether or not she knew her actions were wrong, “the child is in somewhat of a no man’s land”.

Forensic and child psychiatrist Dr Adam Deacon has repeatedly interviewed the girl, including as recently as this week.

The was in state care when she allegedly killed the 37-year-old woman. Picture: Andrew Henshaw

His report — which is not expected to be challenged — will be the basis of a decision by the state’s top prosecutor whether to “proceed or discontinue (the murder) charge”, the court was told.

Solicitor Anne-Marie Stephanides, for the Office of Public Prosecutions, told Justice James Elliott the report would enable the Crown to “undertake an assessment” over whether it can rebut the presumption of doli incapax.

“Ultimately that is where the delay is,” she said.

“It’s not anticipated any further report would be needed by the Crown.”

Justice Elliott said he expected once the Director of Public Prosecutions Kerri Judd had the report, she “will know her position quite quickly”.

Barrister Sarala Fitzgerald, for the Department of Families, Fairness and Housing, noted that Commissioner for Children and Young People Liana Buchanan was currently probing the state’s care of the girl and whether Secretary Peta McCammon was “doing a good job or not”.

She stated the department may invite the Commissioner, or the Office of the Public Advocate, to intervene before the girl’s next court appearance.

The girl remains on bail, living in a secure residential facility pending the building of a new bespoke home that she could live in until she’s no longer under the secretary’s care.

Ms Fitzgerald flagged that if the girl is found to not be criminally responsible for the alleged murder, or if she’s found not guilty at trial, she would remain under state care and could stay in the new secure home until she’s an adult.

“It would be appropriate for her while she still poses a significant risk to others to stay in the bespoke facility,” she said.

If the child faced trial and was found guilty, she would be taken into youth detention.

The bespoke home — a government property that’s being modified and should be ready in mid-April — was proposed as alternative housing for the girl due to “ongoing concerns” about her safety and that of other young people living in state care.