Teen not guilty of murder of Declan Cutler due to young age

A teenager has been found not guilty of the murder of 16-year-old Declan Cutler, over a year after he died in a Melbourne stabbing attack.

A Melbourne teenager has been found not guilty of the murder 16-year-old Declan Cutler due to his young age — sparking anger from the victim’s family in court.

The 14-year-old, who was 13 at the time of the 2022 stabbing attack of Declan, was cleared of murder at a judge-only trial at Victoria’s Supreme Court on Wednesday.

The judge said there was “reasonable possibility” the boy, who can not be named for legal reasons, did not know that his conduct was “seriously wrong in a moral sense”.

The criminal age of responsibility in Victoria is 10 years old. When a child is aged under 14, the common law presumes the child lacks the capacity to be criminally responsible for their actions.

Under the rule, known as doli incapax, the prosecution must prove the child knew their actions were seriously wrong in a moral sense.

“I find the prosecution has not rebutted the presumption of doli incapax beyond reasonable doubt,” the judge ruled.

“He cannot be found guilty of murder and the alternative charge of manslaughter.”

Declan Cutler was killed in a stabbing attack in March 2022. Picture: Supplied

Declan, known by friends and family as Djay, was stabbed to death in the early hours of March 13, 2022, at Coburg North, 10km from the Melbourne CBD.

The court heard Declan had earlier attended a house party in Reservoir, in Melbourne’s north, with his mates before leaving on foot — also with friends.

One of Declan’s friends, who was with him at the party, was known to be associated with a youth gang. However, Declan was not a member.

After leaving the party, Declan and his friends were approached by a stolen Mazda, carrying a group of eight teenagers, some of whom were part of a rival gang.

Declan and his friends managed to run away; however, the group later caught up with Declan and began attacking the 16-year-old.

“The entire attack is captured on the CCTV footage and lasts approximately two minutes. The CCTV footage emits no sound but screams of horror,” the judge said.

“In approximately two minutes, Declan is repeatedly stabbed and kicked and stomped on.”

Declan, who was known by loved ones as Djay, was “stabbed and kicked and stomped on”. Picture: 9News

Autopsy results found Declan suffered 66 blunt force injuries to his face and limbs, among other wounds.

The court heard the teenager did not stab Declan, however he did “repeatedly kick and stomp on” him.

“Declan was alone and unarmed when he was set upon, and he was utterly defenceless against the group of eight boys. Declan was entitled to feel safe leaving the party,” said the judge.

Declan’s family was in the room when the verdict was read aloud on Wednesday.

“It’s disgusting,” one person reportedly yelled out, according to AAP.

“Is my son next?” said another.

The father of Declan Cutler, Bryan Beattie (middle), is supported by loved ones outside the Supreme Court on Wednesday. Picture: Supplied

The verdict comes after the teenager’s older brother, who was among the group of teenagers and on bail at the time of the attack, was sentenced to 15 years in jail with a non-parole period of 10 years last week after pleading guilty to murder.

Two other teenagers, who were both 16 at the time of the attack, have also been sentenced. One was sentenced to four years in youth detention after pleading guilty to manslaughter, while the other was sentenced to three years and six months in youth detention after pleading guilty to intentionally causing serious injury.

Four other teens allegedly involved in the attack are expected to face trial later this year.