Cries erupt as Supreme Court views brutal slaying of Reservoir teen Declan Cutler

The loved ones of slain teen Declan Cutler have broken down in court as CCTV footage of him being brutally stabbed to death was played on the first day of a 14-year-old boy’s murder trial.

Reservoir teenager Declan Cutler was stabbed to death in a violent street attack.

Chilling CCTV footage captured the moment eight teens – including a 13-year-old – brutally killed a defenceless 16-year-old boy by stabbing and kicking him in a “frenzied” street attack.

The footage of the “violent” assault by members of a suburban gang was played in the Supreme Court on Wednesday as the youngest teen, who cannot be named for legal reasons, stands trial for the murder of Declan Cutler.

Cries could be heard from the public gallery as Declan’s loved ones watched the recording of the Reservoir slaying in horror, with one woman screaming out “you bastards” and “monster”.

However, lawyers for the accused – now aged 14 – argued he should not be held criminally responsible for Declan’s alleged murder because he lacked the capacity to know his conduct was “morally wrong”.

Crown prosecutor Kristie Churchill told the court the eight teens were affiliated with a gang based out of Melbourne’s west, who had tensions with another gang from Melbourne’s north.

On March 13 last year, all eight teens packed into a stolen Mazda and drove from Tarneit to Reservoir after discovering that members of the rival gang were at a party.

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

The Mazda then pulled up beside them and four teens jumped out, causing Declan and his friends to bolt.

The boys clambered back into the car and chased Declan down, who had become separated from his friends in the chaos.

Declan Cutler suffered more than 60 blunt force injuries and died at the scene.

Ms Churchill told the court the eight teens – several of whom had knives – then exited the stolen car in “quick succession” before launching into the unprovoked two-minute attack.

“Within 17 seconds all eight offenders are attacking Declan,” she said.

The confronting CCTV footage shows the teens stabbing, kicking and stomping on Declan – who was not a member of the rival gang – as he lays defenceless and unarmed on Horton St.

After the attack, one of the older offenders kicked Declan one final time before stealing his shoes, the court heard.

He was later heard saying: “He’s dead. Mum’s life, he’s dead.”

Declan suffered more than 60 blunt force injuries, 56 sharp force injuries and 29 stab wounds, with his cause of death determined as a stab wound to the chest.

Ms Churchill told the court the prosecution had to prove the accused “entered into an agreement” with the seven other teens to cause serious injury or death, as well as prove he intended to do so, for Justice Rita Incerti to find him guilty of murder.

She said the prosecution also had to rebut the presumption of “doli incapax”, which presumes children under the age of 14 lack the capacity to be criminally responsible for their acts.

“It can be rebutted … if (the accused) knew at the time of the offence … that the conduct was seriously wrong or morally wrong as opposed to naughty or mischievous,” she said.

Defence barrister Sharon Lacy told the court her client admits to attacking Declan that night, but by repeatedly kicking and stomping on him. 

“He did not have a knife. He did not stab Declan,” she said. 

She argued her client did not conspire to commit murder as he did not enter into any agreement with the other teens.

“There was no such meeting of the minds. Not with (the accused),” she said. 

Ms Lacy added the prosecution would also not be able to rebut the presumption of “doli incapax” because her client “lacked the intellectual and moral capacity to understand his conduct … was gravely morally wrong”.

“He was afraid. He followed along,” she said.

“But he did not carry a knife. He did not cause Declan’s death.”

Several other teens charged with Declan’s murder, who were aged between 14 and 17 at the time of the attack, are expected to face trial at a later date.

The Andrews government will raise the minimum age of responsibility to 14 years old by 2027, with exceptions for “certain serious crimes”.

The judge-alone trial continues.