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Group Assault Charges Related to Grocer's Death Dropped
Prosecutors said they could not rebut doli incapax, while charges remain against three other teenagers in the alleged assault.
On Thursday, prosecutors withdrew all charges against a 12-year-old boy accused in the fatal August assault of Sunshine grocer Van Viet Truong, citing the legal principle of Doli Incapax.
The Crown conceded it could not rebut the presumption that children under 14 lack criminal intent, a high legal bar prosecutors must overcome to proceed with cases involving young defendants.
Truong, 60, died after being set upon on August 1 on Hampshire Street while helping a fellow retailer during a scuffle over allegedly stolen items, sustaining serious head injuries.
Three other teenagers remain before the courts over the Sunshine incident: a 15-year-old charged with manslaughter and two 14-year-old girls facing violent disorder and affray charges.
The 12-year-old's lawyer argued his involvement was "secondary" and said the education department blocked the student from returning to school, stating "It is having an enormous impact on him.