Declan Cutler Wiki – Declan Cutler Biography
A Victorian judge has ruled that a boy, who was 13 when Melbourne teenager Declan Cutler was murdered, is too young to be held criminally responsible for his murder. The boy, who cannot be named for legal reasons, faced a trial alone before a judge in July after he was identified as one of eight boys who attacked and killed Declan, 16, as he left a birthday party last year. Declan became separated from his friends as he left the Reservoir party in the early hours of March 13, when a stolen Mazda hatchback pulled up. Eight boys got out, carrying four knives, and stabbed and kicked Declan. The group returned to the car and drove away, but returned briefly to stomp on him again and take off his shoes, before leaving. Declan bled to death on the floor after suffering 152 injuries, including 56 stab wounds and 66 blunt force injuries.
Declan Cutler was 16 years old.
The youngest person in the group, now 14, was charged with murder and an alternative charge of manslaughter for her alleged involvement in stomping and kicking Declan while he was being stabbed. He faced a weeks-long trial in which his attorney argued that he was not guilty, citing the doli incapax argument that he was too young to be held criminally responsible. In the Supreme Court of Victoria on Wednesday, Justice Rita Incerti found there was a “reasonable possibility” the boy did not know his conduct was “grossly wrong in a moral sense” when he committed the offence. “As such, this leads to the conclusion that [the boy] cannot be found guilty of murder and the alternative charge of manslaughter,” she told the court. She said that the boy’s cognitive and moral development suggested that he “lacked agency”, citing evidence from a child forensic psychiatrist who found that he had “a limited capacity for autonomy” and was vulnerable to the influence of his antisocial peers. Declan’s supporters shouted and cried from the public gallery as they heard his verdict. “He’s disgusting,” one person shouted. The boy will leave the court free.