Thirteen-year-old boy ‘too young’ to be found guilty of Reservoir teenager Declan Cutler’s murder

A 13-year-old boy who took part in the savage killing of Reservoir teen Declan Cutler has been found not guilty of murder because he was too young to know his actions were “seriously wrong”.

Reservoir teenager Declan Cutler was stabbed to death in a “savage” pack attack.

A baby-faced 13-year-old who took part in the “vicious” killing of a Reservoir teen has been found not guilty of murder because he was too young to know his actions were “seriously wrong”.

The boy, who cannot be named for legal reasons, stood trial in the Supreme Court for the murder of Declan Cutler after he kicked and stomped on the 16-year-old in the “savage” pack attack in March last year.

Justice Rita Incerti, who presided over the judge-alone trial, on Wednesday found he was not guilty of murder or the alternative charge of manslaughter.

Outside court, Declan’s father Bryan Beattie slammed the decision.

“It’s not fair,” he said.

“No family deserves to go through the pain and suffering my family and friends are going through.”

Mr Beattie was surrounded by supporters who were in disbelief that the boy – who was bailed two days before the “disturbing” attack – can now walk free.

As Justice Incerti handed down her verdict, Declan’s loved ones wailed in the public gallery.

“Is it my son next? Is it my son next?” one mother screamed.

“It’s disgusting.”

Declan’s father Bryan Beattie (right) is supported outside the Supreme Court.

Mr Beattie slammed the decision, saying it was “not fair”.

A legal principle called “doli incapax” presumes children under the age of 14 lack the capacity to be criminally responsible for their acts.

But if the prosecution can prove the child knew their actions were “seriously wrong in a moral sense”, they can be held responsible despite their age.

At trial, defence barrister Sharon Lacy argued her client, now aged 14, did not know his conduct was “morally wrong” because he lacked “developed moral reasoning” at the time.

Justice Incerti ultimately agreed, finding the boy was incapable of criminal intent.

“A review of the evidence in its entirety leaves open a reasonable possibility that at the time of the alleged offending, he did not know his conduct was seriously wrong in a moral sense,” she said.

“The evidence of his moral capacity and cognitive development mean that he had not necessarily gained the requisite knowledge to understand that what he was doing at the time he attacked Declan was seriously wrong.”

Justice Incerti said this was despite the boy telling a psychologist just six days before the attack that “if you murder someone, you should go to jail because that’s wrong”.

She said she had regard to his severe emotional dysregulation, lack of impulse control, severe ADHD and psychiatric disorders – as well as his diminished cognition, emotional and moral development – to come to her decision.

Declan was walking home from a birthday party when he was attacked.

The case comes as the Andrews government prepares to raise the minimum age of criminal responsibility to 14 years old by 2027.

But exceptions are expected to be made for “certain serious crimes”, including murder and terrorism.

At trial, Crown prosecutor Kristie Churchill told Justice Incerti the brutal killing was carried out by eight youths, some of whom were affiliated with a street gang.

On March 13, they all packed into a stolen Mazda and drove from Tarneit to Reservoir after discovering that members of a rival gang were at a birthday party.

About 2.30am, the Mazda turned into a street where Declan and two of his friends were walking, having left the party.

The boys chased Declan down in the Mazda, who had become separated from his friends in the chaos.

The eight teens then exited the stolen car in “quick succession” before launching into the ferocious two-minute attack on Horton St.

The eight teens attacked Declan on Horton St. Picture: Andrew Henshaw

Chilling CCTV footage shows the 13-year-old at the centre of the trial kicking and stomping on the defenceless teen as he lies on the dark Reservoir street.

The CCTV captures several others plunging knives into Declan’s body, with his cause of death determined as stab wounds to the chest.

“The footage emits no sound but screams of horror,” Justice Incerti said.

Declan – who was not himself affiliated with the rival gang – suffered more than 66 blunt force injuries, 56 sharp force injuries and 29 stab wounds.

Ms Churchill told the court that since the 13-year-old “entered into an agreement” with the seven others to cause serious injury or death to Declan, he should be found guilty of murder – despite not inflicting the fatal blow.

However, Justice Incerti said she did not need to determine whether the accused entered into any agreement, since she had ruled he could not be held criminally responsible.

The boy had never pleaded guilty or been found guilty of any offences, but had admitted to engaging in criminal activities between 2019 and 2022.

Mr Beattie (middle) has called for an end to knife crime.

A 14-year-old boy, now aged 16, who repeatedly stabbed Declan with a large knife in the frenzied attack pleaded guilty to murder and was sentenced to 15 years’ jail.

Two 16-year-olds, now 18-year-old men, who kicked and stabbed the teen also pleaded guilty but to the lesser charges of manslaughter and intentionally causing serious injury.

They were sentenced to four and three ½ years, respectively, in a youth justice centre.

Outside court, Mr Beattie said the state must put an end to knife crime.

“Any kid should be able to walk home from a party,” he said.

“No kid should have to walk around Melbourne feeling unsafe.”

Friend Renah Backx said it was unfair that Declan will never come home but the accused “gets to go home today”.

Several other teens charged with Declan’s murder, who were aged between 15 and 17 at the time, are expected to face trial at a later date.

The baby-faced teen is expected to be released from custody on Wednesday.