Boy accused of pack murder of Declan Cutler follows gang’s ‘alternative moral code’, court hears

A boy, 13, allegedly involved in “one of the most violent and brutal attacks” police have seen was “enticed by the allure of the African gangster lifestyle”, a court has heard.

Reservoir teenager Declan Cutler, 16, was stabbed to death.

A boy, 13, charged with the alleged pack murder of Declan Cutler, 16, adheres to an “alternative moral code” based on gang culture, a court heard.

Police earlier reported that the child – the youngest of eight teens charged with murder over the Reservoir slaying – was “enticed by the allure of the African gangster lifestyle”.

The eight accused, aged 13 to 17, allegedly chased Declan down and stabbed him to death after he left a party on March 13.

The crime, captured on CCTV, has been described by police as “one of the most violent and brutal attacks” they had ever seen.

A children’s court on Monday heard from a forensic and clinical psychologist who assessed that the youngest of the alleged killers was criminally responsible, despite him being under the law’s age threshold of 14.

Declan was killed in a frenzied stabbing after he and his mates ran from a confrontation at a party.

In making her finding, the doctor relied on CCTV of the crime, the boy’s phone calls from prison and police footage of prior arrests that showed him “laughing while being arrested”.

Her assessment also relied on a previous psychological report that found the boy would “rather be in custody with his brother”, and police reports over some 44 charges – since withdrawn – that he’d been arrested for since the age of 10.

One of the police reports was from the Protective Police Unit, which stated the boy “indicated” that he was “enticed by the allure of the African gangster lifestyle and willing to offend to get rich like his African gang affiliates”.

The doctor argued against ‘doli incapax’ – the presumption that children under 14 don’t possess the knowledge to have criminal intent.

But the court would ultimately determine whether the boy should face trial.

The psychologist – who can not be named for legal reasons – confirmed to the court that there was “no adjustment in my opinion” since she made her finding.

“I’m still of the opinion that he would have known at the time of the offence that it was more than merely being naughty,” she said, prompting the boy’s defence lawyer to confirm she was referring to killing someone.

“Yes,” she replied.

“I think there’s sufficient evidence … to show he knows the seriousness of his actions.”

Confirming her belief that the boy – a member of two youth gangs – adheres to an “alternative moral code”, the psychologist said he displayed “a complete absence of respect for others”, a lack of empathy for victims and a lack of remorse.

But the doctor said that he still “manages to respect others in gang culture and maintains relationships in that group”.

She gave the example of the boy’s response to police questioning over a car theft.

Asked by officers how he would feel if his car was stolen, he replied: “They can get a bus”.

His “moral code” may have been developed by exposure to violence within his own home and spending time with older brothers accused of violent crimes, the court heard.

One of this brothers has also been charged over Declan’s death.

Declan was killed in a frenzied stabbing in the early hours of Sunday, March 13 after he and his mates ran from a confrontation at a party.

But he was separated from his friends and allegedly set upon by the accused group before they caught up with him on Elizabeth St, Coburg

Almost 50 people were in court for the packed hearing, including Declan’s mother Sam and his friends.

The five-day committal before a children’s court continues.