Declan Cutler stabbed: 13-year-old boy “too young” to be held criminally responsible
- Judge rules boy too young to be found guilty
- Supporters of dead boy shout in court
- READ MORE: How Declan Cutler died
A judge has ruled that a 13-year-old boy is too young to be held criminally responsible for the murder of Declan Cutler.
The boy, who cannot be named for legal reasons, was tried before a judge alone in July after being identified as one of eight boys who attacked and killed Declan, 16, as he left a party birthday party in Melbourne’s north 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 came out, carrying four knives, and stabbed and kicked Declan.
He suffered more than 100 injuries and died from four fatal stab wounds.
A judge ruled that a 13-year-old boy was too young to be held criminally responsible for the murder of Declan Cutler (pictured)
Declan Cutler suffered more than 100 injuries and died from four fatal stab wounds.
The youngest of the group, who is now 14, has been charged with murder and another charge of manslaughter for stomping and kicking Declan as he was stabbed.
He faced a weeklong trial during which his lawyer argued he was not guilty, citing Doli Incapax’s argument that he was too young to be held criminally responsible.
In the Victorian Supreme Court on Wednesday, Justice Rita Incerti found there was a “reasonable possibility” the boy did not know his conduct was “seriously wrong in a moral sense” when he committed the offense .
She said he could not be convicted of murder or manslaughter.
Declan’s supporters screamed and cried from the public gallery as they heard his verdict.
“It’s disgusting,” one person shouted.
“My son next,” said another.
The boy will be released from court.