Boy released from jail two days before allegedly killing Declan Cutler in Reservoir

A 13-year-old boy charged over a Reservoir murder – which some police described as among the most violent they’d seen – was released from jail days before the alleged attack.

Police at the scene of a the stabbing attack in Reservoir. Picture: David Crosling

A 13-year-old boy charged over the frenzied stabbing death of Declan Cutler, 16, in Reservoir was on bail at the time of the alleged pack murder.

Court documents reveal the child was released from a youth justice centre just two days before Declan was killed in what some police described as “one of the most violent and brutal attacks” they had ever seen.

Seven teens, aged 13 to 17, are in custody charged with murder over Declan’s March 13 death, while an eighth assailant “remains at large”, court papers show.

Fresh details about the alleged “brutal, sustained attack” captured on CCTV have been revealed as the boy, 13 — who cannot be named for legal reasons and is known only as ‘AB’ — attempted to get bail in the Supreme Court this week.

But Justice Richard Niall SC rejected his bid after holding a “significant concern” that he was on bail over separate charges at the time of the alleged murder, having been released from youth justice on March 11.

Declan Cutler was killed in a “brutal, sustained attack”. Picture: Supplied

“The strictures of bail do not seem to have dampened his anti-social behaviour,” Justice Niall said.

His Honour’s judgment, published on Friday, shows that AB’s brother also faces a murder charge over Declan’s death, while another brother is in custody for a different murder.

Declan and his friends were at a party in Reservoir in the early hours of March 13, 2022, when they decided to arm themselves with kitchen knives then leave the event.

They had believed that another group — with which there had been “friction” that resulted in “some violence and threats” — was on its way.

Arriving nearby in an allegedly stolen car, the eight youths came across Declan, who had been separated from his friends.

“The fatal assault is captured on CCTV footage,” Justice Niall said.

“Although taken in the dark of early morning, the footage is clear and chilling.

“It depicts a brutal, sustained attack involving each of the eight assailants.

“It appears seven of them are armed with bladed weapons, and a large knife can be seen in the hands of one of the attackers.

Forensic police at the scene. Picture: David Crosling

“The deceased is stabbed, kicked and stomped on.”

According to the prosecution, AB can be “clearly seen in the footage”.

“He is unarmed but an active participant in the attack,” Justice Niall said.

In determining whether AB should be granted bail, His Honour weighed up his exceptional circumstances, including his youth and his vulnerability in detention.

Being aged under 14, AB could be presumed under the law as lacking the capacity of criminal responsibility, having not developed intellectually or morally enough to appreciate the difference between right and wrong.

But the Supreme Court heard that AB faced a “large number of outstanding charges” laid by eight different police officers in the three months before Declan’s death.

They included charges of assaulting police by spitting, stealing a car, dangerous driving, theft, burglary, possession of a controlled weapon and reckless conduct endangering serious injury.

Other charges laid when he was aged 11 and 12 were withdrawn after prosecutors couldn’t argue against the rule of lacking criminal intent due to his age, court documents show.

In refusing bail, Justice Niall found AB was an “unacceptable” risk of committing further crimes after he was recorded speaking on the phone in June about how he was “going to do a burg” if released, and separately discussed a witness “snitching”.

“In my view, on the current state of the material the risks of reoffending and interfering with witnesses are simply too great to permit a grant of bail,” His Honour said.

AB remains in detention and will return to court at a later date.