Melbourne magistrate finds 13-year-old should stand trial for murder of Declan Cutler

Ruling based on psychologist's opinion boy has mental capacity to form criminal intent

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A 13-year-old Victorian boy is one of eight teenagers to have been committed to stand trial for the murder of Declan Cutler, after a magistrate decided that, despite his youth, he was capable of forming a criminal intent.

The magistrate ruled that she did not have to read an 1,100-page report on whether the 13-year-old, who cannot be named, could be found not to have that mental capacity, known as the doli incapax principle.

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