Murder charge dropped against 12-year-old girl accused of Footscray stabbing

A murder charge against a 12-year-old girl accused of stabbing a woman to death in a Footscray apartment has been sensationally dropped.

Forensic police arrive at the scene of the woman’s stabbing in Footscray. Picture: Andrew Henshaw

Prosecutors have sensationally dropped the charge of murder against a girl, 12, accused of stabbing a 37-year-old woman to death in Footscray.

The girl, who was in state care, faced a single charge of murder, which a magistrate struck out in the children’s court on Thursday morning.

Prosecutors sought for the murder charge to be withdrawn and for all applications before the court in the criminal case to be struck out.

A Victoria Police prosecutor also asked for charges in two other matters to be withdrawn.

The extraordinary move comes after the girl had been assessed for doli incapax, which is the presumption that a child under the age of 14 can’t be held criminally responsible.

The girl was found in a Footscray apartment wearing a dress inside out, with a naked woman lying on the bathroom floor. Picture: Andrew Henshaw

It’s understood that the doli incapax report was due to be handed down this week.

The girl was found in a Footscray apartment covered in blood, wearing a dress inside out and back to front early in the morning of November 16, 2023.

Inside the apartment, a naked woman was found stabbed to death lying on the bathroom floor.

The child was living in a state residential care unit at the time, and had been missing for two weeks when she was found at the horror scene.

She had run away from residential care 275 times.

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

A further hearing regarding her accommodation is expected to run in the Supreme Court this afternoon.

Victoria Police issued a statement that the charge of murder was withdrawn “after significant consideration”.

“This was done following advice this week from the Director of Public Prosecutions,” the statement read.

“It was the Director’s position that there were not reasonable prospects of conviction in this matter, because the prosecution would not have been able to rebut the presumption of doli incapax.

The case has now been referred to the Coroner’s Court.

“The family of the victim has been notified and we will continue to support them throughout this process. Our thoughts are with them today.”