Lawyers present closing arguments as 13-year-old boy stands trial for the murder of Reservoir teenager Declan Cutler

A baby-faced teen accused of being involved in an “unprovoked” pack attack in Reservoir is one of the youngest Victorians to ever stand trial for murder.

Reservoir teenager Declan Cutler was stabbed to death in a ‘vicious’ pack attack.

A baby-faced 13-year-old who took part in the “vicious” killing of a Reservoir teen spontaneously told a psychologist just six days earlier “if you murder someone, you should go to jail because that’s wrong”.

The boy, who cannot be named for legal reasons, is standing trial in the Supreme Court for the murder of Declan Cutler, accused of being involved in the “unprovoked” and “violent” pack attack on March 13 last year.

He is one of the youngest Victorians to ever stand trial for murder.

Crown prosecutor Kristie Churchill alleges the brutal killing was carried out by eight members of a suburban gang, with the 13-year-old captured on CCTV kicking and stomping on a defenceless Declan as he lay on a dark Reservoir street.

The chilling footage shows several other teens plunging knives into the 16-year-old’s body, with his cause of death determined as a stab wound to the chest.

Police descended on Horton Street the day after the alleged murder. Picture: Andrew Henshaw

Ms Churchill told the court that since the accused “entered into an agreement, arrangement or understanding” 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, lawyers for the accused – now aged 14 – argue he should not be held criminally responsible because he lacked the capacity to know his conduct was “morally wrong”.

Ms Churchill on Thursday presented her closing arguments to Justice Rita Incerti, who is presiding over the judge-alone trial.

She told the court the boy could only be found guilty of murder if she was able 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.

A knife was found by police at the crime scene. Picture: David Crosling

The court heard the boy underwent a psychological assessment on March 7 for separate offending mere days before the alleged murder.

“How important is it for judges to send people who break the law to jail?” the psychologist asked.

“If you murder someone, you should go to jail because that’s wrong,” he quickly replied.

“If you have to save your life, that’s different. It’s not (wrong) if it’s self-defence.”

Ms Churchill argued his answer proved he knew his conduct was morally wrong as opposed to “merely naughty or mischievous”.

The boy also told the psychologist he chose not to bring a knife to Reservoir because he “did not want to”, with the prosecutor arguing this demonstrated a high degree of moral reasoning.

The court then heard the time his mate was stabbed served as a “direct experience” he could draw upon to conclude that “stabbing someone is dangerous”.

However, defence barrister Sharon Lacy opened her closing argument by narrating a conversation her client had once had with a police officer where he forgot how to spell his surname.

She argued her client “lacked the intellectual and moral capacity to understand his conduct … was gravely morally wrong”, using his inability to spell his surname as a teenager as an example of his developmental delays.

“This trial tests the bounds of criminal responsibility,” she said.

The court previously heard Ms Lacy argue that her client also did not enter into any agreement with the other teens.

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

Declan suffered more than 60 blunt force injuries, 56 sharp force injuries and 29 stab wounds.

At the beginning of the trial, Ms Churchill told the court the 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, they all 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 boys chased Declan down in the Mazda, who had become separated from his friends in the chaos.

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

The court heard the 13-year-old “did not appear to hesitate” when beginning to kick and stomp Declan, looking down at him as he did so.

Declan – who was not a member of the rival gang – suffered more than 60 blunt force injuries, 56 sharp force injuries and 29 stab wounds.

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 defence will continue presenting its closing arguments on Friday.