Three teens jailed over ‘frenzied’ fatal attack on Melbourne 16yo Declan Cutler

Declan Cutler’s family have remembered him as a active teenager who loved fishing and footy. (Supplied)

A 16-year-old boy who repeatedly stabbed a teenager during a deadly gang attack on a Melbourne street has been jailed for 15 years.

Declan Cutler, 16, had left a party in Reservoir, in the city’s north, when he was ambushed by a group of teenagers, several of whom were armed with knives.

One of the group, a 16-year-old known as AM, pleaded guilty to murder and was sentenced on Tuesday to 15 years behind bars, with a non-parole period of 10 years.

A co-offender, JA, was sentenced to four years for manslaughter.

Another, known as MM, was jailed for three-and-a-half years for intentionally causing serious injury.

The teenagers who attacked Declan were aged under 18 at the time, and cannot be named for legal reasons.

The court heard a group of eight offenders turned up to the party on March 13, 2022, looking to confront a rival gang.

As partygoers fled in fear, Declan was chased and dragged to the ground. He was not a gang member and did not know his attackers.

The assault that followed — which was captured on security footage — showed Declan being stabbed dozens of times, kicked and stomped on for several minutes.

Those involved then drove away, leaving Declan to die on the footpath.

Footage of attack ‘absolutely shocking in its brutality’

In sentencing, Supreme Court Justice Elizabeth Hollingworth described the incident as “frenzied, savage and totally unprovoked”.

“The footage is absolutely shocking in its brutality,” she said.

“Unfortunately, violent knife crimes committed by young offenders have become far too common.

“The consequences that flow from such attacks can be devastating, for victims, their families and friends, and those who witness such incidents.”

Previously, Declan’s father Bryan Beattie told the court those who targeted his son were “cowardly thugs”, and made an appeal for children around the country to “drop all weapons”.

“No parent should have to be scared that a teenager’s night out with friends will end in their death,” Mr Beattie said.

“My son Declan was a typical, cheeky teenager. He loved fishing, being active, and going for a kick of the footy, getting out and about, and spending time with his friends.”

The court heard AM, who was 14 at the time of the killing, repeatedly stabbed Declan, and then returned to the defenceless victim to kick him and steal one of his shoes.

Justice Hollingworth said the three offenders had each endured difficult childhoods, involving exposure to violence and regular drug use.

AM was on bail for stealing cars at the time of the attack, she said.

“You have since developed genuine remorse for what you did to Declan and the pain you have caused,” Justice Hollingworth said.

JA and MM, who both recently turned 18, stomped on Declan during the group attack.

In the hours after, JA used the internet to search: “Is hell guaranteed for a Muslim who commits murder?”

“It must have been clear to you that Declan was completely vulnerable and could not fight back,” Justice Hollingworth told JA.

On Tuesday, the teenagers were not brought to the Supreme Court building for sentencing, and instead appeared via videolink. A large group of family and friends sat in the court gallery, some of whom sobbed during the one-hour hearing.

Justice Hollingworth said there was a difference between sentencing principles for child offenders and adults.

She acknowledged that could lead to children receiving sentences “which would be regarded as entirely inappropriate in the case of older individuals”.

Due to time already served, the earliest AM could be released on parole is 2032. JA and MM could be granted early release in 2026.

Others charged over the attack on Declan are being processed through the court system.

A 14-year-old has pleaded not guilty to murder and is facing a judge-alone trial. The judge is yet to hand down her ruling.

Four others are due to face court at a later date.

SOURCE: https://www.abc.net.au/news/2023-09-12/declan-cutler-murderer-killer-jailed-for-15-years/102845016