Fourteen-year-old boy jailed for 15 years over Reservoir teenager Declan Cutler’s murder
A 14-year-old boy who killed Declan Cutler in a “savage” pack attack has been jailed for 15 years for “senselessly” murdering the beloved Reservoir teen.
Police & Courts
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A violent 14-year-old who murdered Declan Cutler on a Reservoir nature strip has been jailed for 15 years while two of his mates – who were also involved in the “savage” pack attack – will walk free from youth detention in two years’ time.
The trio, who cannot be named for legal reasons, took part in the “senseless” slaying of the 16-year-old in March last year alongside five other teens.
The 14-year-old boy, now aged 16, was on bail when he repeatedly stabbed the defenceless teen to death with a large knife.
The killer’s loved ones shed tears in the public gallery as he was sentenced in the Supreme Court on Tuesday to 15 years behind bars with a non-parole period of 10 years after pleading guilty to murder.
Two 16-year-old boys, now aged 18, who kicked and stomped on Declan were also sentenced on Tuesday after pleading guilty 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.
Justice Elizabeth Hollingworth told the court 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 down Declan, who had become separated from his friends in the chaos.
The eight teens then exited the stolen car before launching into the ferocious two-minute attack on Horton St.
“Declan tried to run away but was dragged by his jumper on to the nature strip,” Justice Hollingworth told the offenders, who appeared via video link.
Chilling CCTV footage shows the 14-year-old plunging a knife into Declan’s body, while others kick and stomp on the teen as he lies on the dark Reservoir street.
“The attack was frenzied, savage and totally unprovoked,” she said.
“The footage is absolutely shocking in its brutality.”
The attack seemed all but complete when the eight offenders returned to the stolen car, but the murderous teen was out for more blood.
The 14-year-old started a “second wave” of violence, which led to further “stabbing, kicking and stomping” before the group finally stole Declan’s shoes as he bled out.
His cause of death was ultimately determined as stab wounds to the chest.
But it is not clear who inflicted the fatal wounds, with four teens seen in the CCTV footage to be brandishing knives.
Declan – who was not himself affiliated with the rival gang – suffered more than 60 blunt force injuries, 56 sharp force injuries and 29 stab wounds.
The case comes as the Andrews government prepares to raise the minimum age of responsibility to 14 years old by 2027.
But exceptions are expected to be made for “certain serious crimes”, including murder and terrorism.
Justice Hollingworth spoke of how “violent knife crimes” committed by young offenders have become “far too common”.
“It is a real concern for the wider community, who need to be protected and to feel safe,” she said.
During a pre-sentence hearing, Declan’s father, Bryan, made an emotional plea to children across the state to “drop all weapons”.
“This knife crime needs to stop,” he said.
“No parent should have to be scared that a teenager’s night out with friends will end in their death.
“These eight cowards armed themselves with the largest weapons available for them and were out for blood.”
He said the last words his “cheeky” and “outgoing” son said to him before leaving the house on March 12 were: “I’m going now, dad. I love you. Take care.”
Less than 24 hours later, Declan would be dead.
“I wanted to look at him, touch him and hold him, but I couldn’t,” he said.
“The detective wanted me not to see him because it was the most horrifying scene he’d ever seen and told me that seeing my son like that would be embedded in my mind for the rest of my life.
“No parent should have to bury their kids.”
Justice Hollingworth told the court the 14-year-old – who was categorised by child protection authorities as “extremely vulnerable and at risk of exploitation” in the lead up to the attack – had since developed genuine remorse for his actions.
He was on bail at the time for theft and property offences.
The court heard one of the 16-year-olds brought a knife to the fight but chose not to use it, only kicking and stomping Declan.
Neither 16-year-old took part in the “second wave” of the attack.
A 13-year-old boy is currently standing trial for Declan’s murder, with a verdict in that case to be handed down in the coming weeks by Justice Rita Incerti.
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.
With time already served, the 14-year-old will be eligible for parole in early 2032.
If the Adult Parole Board consents, he will be transferred to an adult prison when he reaches 21 years of age.